Introduction:

The Delhi High Court, comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, addressed the issue of the jurisdiction of tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The case, KIRTI v. RENU ANAND & ORS., involved an appeal challenging the setting aside of an order passed by a maintenance tribunal.

Arguments of Both Sides:

The appellant, represented by Mr. N. K. Kantawala and Mr. A. M. Nair, argued against the maintainability of the intra-court appeal, while the respondents, represented by Mr. K. K. Bhuchar and Mr. Atul Bhuchar, raised objections regarding jurisdiction. The central argument revolved around the applicability of Article 227 to tribunal orders and the scope of judicial review under the Constitution.

Court’s Judgment:

The High Court affirmed that orders passed by tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are amenable to challenge under both Article 226 and Article 227 of the Constitution. The bench emphasized that the aggrieved party has the option to invoke either article depending on the relief sought. In this case, the single judge’s order setting aside the tribunal’s decision was upheld, rejecting objections raised by the respondents. The court clarified that the single judge’s intervention was not to issue ancillary directions but to correct an order that exceeded the tribunal’s jurisdiction.