Orissa high court quashes Collector's order, restores maintenance relief to 83-year-old widow

CUTTACK: In a ruling reinforcing protections for senior citizens, the Orissa High Court has set aside a Collector’s order that had denied maintenance relief to a 83-year-old widow of Balasore, holding that the appellate authority acted “without jurisdiction.

”Justice Ananda Chandra Behera, in a judgment on Monday, ruled that a son cannot invoke appellate provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to challenge a maintenance order granted to his mother.“The provisions of law envisaged in Section 16 of the Act, 2007 only empowers any Senior Citizen or a Parent to prefer an appeal. Therefore, right of an appeal is only available to any Senior Citizen or a Parent but not available to any other person like the son,” Justice Behera observed.The case arose after the widow, alleging neglect and lack of shelter following division of ancestral property by her two sons, secured an order from the Sub-Collector, Balasore-cum-Presiding Officer Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, on February 29, 2024. The order directed one son to maintain her and the other son to pay her ₹5,000 per month. While one son is a vegetable seller the other son is a Home guard and they both are married.

However, on an appeal filed by one son, the Appellate Tribunal of Collector-cum-District Magistrate, Balasore, on November 7, 2025, set aside the Sub Collectors order and remitted the matter back for fresh inquiry. Challenging this, the mother moved the high court seeking restoration of the original relief.Quashing the Collector’s order, Justice Behera held: “When any right of appeal under Section 16… was/is not available to the sons the Appeal was not allowed under law.

For which, the impugned order is held as without jurisdiction.”Considering the petition on merit, the Judge concluded that the Collector’s order “cannot be sustainable under law” and is “liable to be quashed,” thereby confirming the Sub-Collector’s February 29, 2024 order granting maintenance to the widow.Emphasising the intent of the law, Justice Behera said the statute must be interpreted to advance its objective of social justice. “The Act, 2007 is a beneficial legislation. The primary object is to give social justice to parents and senior citizens. Therefore, the Tribunals and Courts should adopt purpose oriented approach,” he said.The court further noted that Rule 19 casts a duty on authorities to ensure protection, security and dignity of senior citizens.