(1) Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal:
Provided that on appeal, the children or relative who is required to pay any amount in terms of such order shall continue to pay to such parent the amount so ordered, in the manner directed by the Appellate Tribunal:
Provided further that the Appellate Tribunal may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) On receipt of an appeal, the Appellate Tribunal shall cause a notice to be served upon the respondent.
(3) The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the appeal is preferred.
(4) The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal.
(5) A copy of the order of the Appellate Tribunal shall be sent to both the parties free of cost.
Legal Commentary & Landmark Judgments: Section 16
Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 establishes the statutory right of appeal and judicial expansion of appellate standing.
While the literal wording of Section 16(1) states that 'any senior citizen or a parent' may appeal—omitting mention of children or relatives—High Courts across the country have engaged in profound constitutional interpretation to uphold the equality of appellate remedies.
Section 16 is a critical review stage. Following the judicial reading down of the provision, both senior citizens seeking enhancement and children challenging eviction or maintenance can prefer an appeal before the District Magistrate. In practice, the Appellate Tribunal possesses full authority to stay, modify, or overturn the SDM's order within the statutory one-month target timeline.