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(2026) Law Today Live Doc. Id. 21108 = 2026:PHHC:080230
Decided on: 20.05.2026
Present:
Mr. Anuj Balian, Advocate, for the petitioner.
Mr. Bhupender Singh, Addl. A.G. Haryana Mr. Manjeet Singh, Advocate, for respondents No.4.
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Senior citizen -- Maintenance Tribunal/Appellate Tribunal -- Coram non judice -- Tribunals required to comprise three members as per Haryana Government notification -- Orders passed by Sub Divisional Magistrate and District Magistrate alone held without proper coram -- Matter remanded for fresh decision.
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Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Sections 7 and 15 -- Maintenance Tribunal -- Appellate Tribunal -- Composition of Tribunal -- Coram non judice -- Challenge to orders cancelling transfer deeds -- Haryana Government Notification dated 08.12.2020 prescribed three-member Maintenance Tribunal and Appellate Tribunal consisting of one official member and two non-official members under chairmanship of Sub Divisional Magistrate and District Magistrate respectively -- Impugned orders passed solely by Sub Divisional Magistrate and District Magistrate -- Held, orders passed without the mandatory coram and therefore void being coram non judice -- Impugned orders set aside -- Matter remanded to Maintenance Tribunal for fresh decision after affording opportunity of hearing to parties -- Tribunal directed to decide matter through complete coram in accordance with notification.
(Paras 2 to 4)
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KULDEEP TIWARI, J. (ORAL) –
1. Through the instant writ petition, a challenge is thrown to the order dated 18.12.2024 (Annexure P-8) passed by the learned Appellate Tribunal, Rohtak, dismissing the appeal filed by the petitioner, against the order dated 18.11.2021 (Annexure P-5) passed by the learned Maintenance Tribunal Rohtak, whereby the application filed by respondent No.l (senior citizen) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, “the Act of 2007”), was allowed and the transfer deed No.4036 and 4037 dated 16.08.2012 were ordered to be cancelled.
2. Learned counsel for the petitioner, at the outset, submits that, in view of Notification No. 1041-SW(4)-2020 dated 08.12.2020, which prescribes the composition of the Maintenance Tribunals and the Appellate Tribunals, the impugned orders are rendered void being coram non judice. The relevant extract is reproduced hereinbelow:
“No. 1041-SW(4)-2020.— In continuation of the Haryana Government Notification No. 1373-SW(4)-2016, dated 17.11.2016, the Governor of the Haryana is pleased to reconstitute the three Member (One Official Member and Two Non-Official Members) ‘Maintenance Tribunal/Appellate Tribunal at the following Sub-Divisional level and District level under the Chairmanship of each Sub-Divisional Magistrate and District Magistrate respectively within their respective jurisdiction as per provisions of Section-7 and 15 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and further nominate the other two Non-Official ‘Members of both the Tribunals. The tenure of the Non-Official Members shall be three years from date of joining and both the Tribunals will perform duties/functions as per the provisions of the ‘Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Haryana Maintenance of Parents and Senior Citizens Rules, 2009.
3. It is submitted that in terms of the notification (supra), both the Maintenance Tribunal and the Appellate Tribunal are required to comprise of three members, with the Sub-Divisional Magistrate and the Deputy Commissioner/District Magistrate acting as their respective Chairman. In the present case, however, the impugned orders were passed solely by the Sub Divisional Magistrate, and District Magistrate, Rohtak, respectively, thereby lacking the mandatory coram.
4. In view of the notification (supra), this Court finds that the impugned orders are void, being ‘coram non judice’, and therefore, the same are set aside. The Iis is remanded to the learned Maintenance Tribunal concerned for a fresh decision after affording the parties an opportunity of hearing. Both parties are directed to appear before the learned Maintenance Tribunal concerned on 02.06.2026 at 11.00 AM. It is expected that the application shall be heard and decided by the complete coram, as per the notification (supra), as issued by the Government of Haryana.
5. Disposed of accordingly.
Order accordingly.
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