BEFORE THE HON’BLE COURT OF DIVISIONAL
COMMISIONER, AT 5,SHAMNATH MARG, DELHI- 110054
APPEAL NO. /2024
IN THE MATTER OF:
MS. SILKY KAUR ….APPLICANT
VERSUS
SH.GURDEEP SINGH MEHTA & ORS ….. RESPONDENT
APPLICATION SEEKING EXPEDITIOUS HEARING AND TIME-
BOUND DISPOSAL OF THE APPEAL
1. That the present appeal has been filed by the Appellant challenging
the order dated 26.09.2024 passed by the Ld. District Magistrate,
North-West District, Delhi in Case No. 652/SC/DW/NW/2023 titled
“Gurdeep Singh Mehta vs. Silky Kaur & Anr.”, under the provisions
of the Maintenance and Welfare of Parents and Senior Citizens Act,
2007.
2. That the present appeal is pending adjudication before this Hon’ble
Authority and was listed for hearing today as Item No. 2. Despite the
presence of the concerned authority, the matter was neither called
out nor taken up for hearing. No reason was assigned for the
adjournment, and the matter was simply directed to be listed on a
subsequent date, resulting in further delay in the proceedings.
3. That the Respondent, being a senior citizen, had originally
approached the Ld. District Magistrate under the provisions of the
said Act, seeking relief for protection and maintenance. Although a
favorable order was passed, the same has not been effectively
implemented due to the pendency of the present appeal. The
Appellant continues to cause obstruction and delay, frustrating the
relief granted to the Respondent.
4. That under Maintenance and Welfare of Parents and Senior Citizens
Act, 2007, every application under the Act shall be disposed of
within 90 days from the date of receipt, extendable by another 30
days only in exceptional cases and for recorded reasons. The
legislative intent clearly mandates time-bound adjudication in
matters concerning senior citizens.
5. That continued adjournments and delays are causing undue hardship
and prejudice to the Respondent, who is entitled to speedy justice
under the express provisions of law. In the interest of justice, and to
uphold the objectives of the statute, it is necessary that the present
appeal be heard and disposed of expeditiously.
PRAYER:
It is most humbly prayed that this application be allowed and this Ld. Court
may be pleased to-
a) Direct that the present appeal be taken up for expeditious hearing and
disposal in accordance with Section 5(4) of the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007; and
b) Pass such other or further orders as may be deemed just and proper in the
facts and circumstances of the case.
THROUGH
DATE: COUNSEL
PLACE:
BEFORE THE HON’BLE COURT OF DIVISIONAL
COMMISIONER, AT 5,SHAMNATH MARG, DELHI- 110054
APPEAL NO. /2024
IN THE MATTER OF:
MS. SILKY KAUR ….APPLICANT
VERSUS
SH.GURDEEP SINGH MEHTA & ORS ….. RESPONDENT
AFFIDAVIT
I, Gurdeep singh Mehta, R/O- 55 Harsh Vihar Pitampura, New Delhi
110034 AGED ABOUT 74 Years DO HEREBY SOLEMNLY AFFIRM
AND DECLARE AS UNDER:
1. That the deponent is the respondent in the above mentioned
appeal and is fully conversant with the facts and circumstances of
the case.
2. That the accompanying application for expeditious trail has been
drafted by my counsel under my instructions and the contents
have been read over and explained to me in my vernacular, which
I have understood and are true and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on the __________day of 2025 that the contents of
the above affidavits are true and correct and nothing has been concealed
therefrom.
DEPONENT
