Whether a daughter-in-law can file an appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, against an order passed by a Tribunal constituted under Section 7 of the Act. The document includes arguments from both sides, references to relevant case law, and the court's interpretation of the term "relative" under the Act. The court ultimately allows the daughter-in-law to file an appeal, interpreting the term "relative" inclusively.

1. Introduction

• Heard the learned Counsels for the Petitioners and Respondents.
• The central issue is whether a daughter-in-law can file an appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. Background

• Petitioner No.1 is the daughter of Petitioner No.2 and Respondent No.2.
• Petitioner No.2 is the daughter-in-law of Respondent No.1.
• The Tribunal ordered the son and daughter-in-law to pay maintenance and vacate the disputed premises.

3. Petitioners' Grievance

• The daughter-in-law's grievance is specifically against the order to vacate the premises.

4. Objection on Maintainability

• Respondents argue that only certain parties can file an appeal under Section 16 of the Act.

5. Interpretation of Section 16

• Petitioners' Counsel argues that the daughter-in-law cannot appeal as she is not defined as a "relative" under Section 2(g) of the Act.

6. Relevant Case Law

• Reference to the Punjab and Haryana High Court case (Paramjit Kumar Saroya v/s The Union of India and Anr.), which dealt with the scope of Section 16.

7. Analysis by the Division Bench

• Division Bench of the Punjab and Haryana High Court interpreted Section 16 to allow appeals by any affected parties, including relatives.

8. Division Bench of This Court

• This Court's Division Bench in another case agreed with the Punjab and Haryana High Court's interpretation, allowing appeals by any aggrieved person.

9. Definition of "Relative"

• The court needs to determine if "relative" includes the daughter-in-law.
• Based on previous judgments, the court interprets "relative" inclusively.

10. Conclusion

• The term "relative" in Section 16 includes the daughter-in-law, allowing her to file an appeal.

11. Petition Disposition

• The court permits the withdrawal of the Petition with liberty to approach the appellate authority.
• Interim relief granted previously will continue until a specified date.
• Pending Civil Application is disposed of.