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SCA/12513/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12513 of 2010
=========================================================
PATEL
KANUBHAI AMBALAL & 5 - Petitioner(s)
Versus
PATEL
MANGUBEN MANILAL & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MAHENDRA K PATEL for
Petitioner(s) : 1 - 6.
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/10/2010
ORAL
ORDER
Heard
learned Advocate Mr. MK Patel for petitioners. Petitioner has
challenged order passed by Sub Divisional Magistrate, Visnagar dated
30.4.10 and order passed by District Magistrate, Mehsana dated 6th
August, 2010.
It
is submitted by learned advocate Mr. Patel for petitioner that Sub
Divisional Magistrate, Visnagar has directed petitioners to pay
Rs.5000.00 per month towards maintenance in favour of respondent
which is required to be paid from date of application preferred by
respondent Patel Manguben Manibhai under the provisions of the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Said Act has been implemented with effect from 7th
October, 2008 and Rules have been made effective with effect from
22nd
June, 2009. Therefore, under
provisions of said Act, application No. 2 of 2009 was preferred by
respondent Manguben Manibhai Patel before Sub Divisional Magistrate,
Visnagar which has been decided by Sub Divisional Magistrate under
sec. 4 of the Act.
Today,
when this matter is taken up by this Court, learned Advocate Mr.
Patel for petitioner submitted that petitioners are ready and
willing to keep respondent Patel Manguben Manibhai with them and
they are also prepared to maintain her in all respects, considering
her as family member and, therefore, question of paying maintenance
to her does not arise. This contention was not raised by petitioner
before Sub Divisional Magistrate and, therefore, let petitioner may
file review application before Sub Divisional Magistrate, Visnagar
against order dated 30.4.2010 within fifteen days from date of
receipt of copy of present order.
As
and when review application preferred by petitioner is received by
Sub Divisional Magistrate, Visnagar, it is directed to Sub
Divisional Magistrate, Visnagar to consider such review application
and then to pass appropriate reasoned orders in accordance with law
after giving reasonable opportunity of hearing to petitioner as well
as respondent Manguben Manibhai Patel within two months from date of
receipt of such review application from petitioner and then to
communicate decision to respective parties.
With
these observations and directions, this petition is disposed of by
this court without expressing any opinion on merits.
(H.K.
Rathod,J.)
Vyas
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