Allahabad High Court
VINOD KUMAR JOSHI AND ANOTHERversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
The application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is not maintainable.
Summary
The petitioners Vinod Kumar Joshi and another filed a writ petition challenging an order dated 21 September 2026 passed by the Sub‑Divisional Officer, Tajatalab, District Varanasi, which had held an application filed by respondent No. 6 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to be not maintainable. The central issue was whether the application under Section 23 could be entertained by the tribunal. The High Court examined the tribunal’s finding and, finding no infirmity in the reasoning, concluded that the application was indeed not maintainable. Consequently, the Court made no further orders, but granted respondent No. 6 liberty to pursue any other legal remedies he may have against the impugned document. The petition was thereafter consigned to the record and the personal presence of the Sub‑Divisional Officer was exempted.
Issues considered
- Whether the application filed by respondent No. 6 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is maintainable.
Legislation cited
Subjects
- maintenance
- senior citizens
- Section 23
- maintainability
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32861 of 2026
Vinod Kumar Joshi And Another
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandrakesh Rai, Deepika Tiwari,
Pooja Rai
Counsel for Respondent(s) : C.S.C.
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. The application made on behalf of respondent no. 6 under Section 23 of
the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
has been decided by the Sub-Divisional Officer, Tajatalab, District-
Varanasi/Tribunal under the said Act vide order dated 21.09.2026 holding
it to be not maintainable.
2. In this view of the matter no further orders are required to be made, of
course granting liberty to respondent no. 6 to avail his remedies against
the document he seeks to impugn in accordance with law and such other
remedies for his own protection as advised.
3. This petition is consigned to record.
4. The personal presence of Shantun Kumar Sinsinwar, Sub-Divisional
Officer, Tajatalab, District- Varanasi is exempted.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 23, 2026
Prashant D.
Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad
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