VELAYUDHAN Vs. DISTRICT MAGISTRATE (APPELLATE TRIBUNAL), ERNAKULAM

JUDGEMENT

(1.) Order declining to consider the claim of the petitioner made before the Maintenance Tribunal in terms of Sec. 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007(hereinafter referred to as 'the Act'), as affirmed by the Appellate Tribunal, is under challenge in this Writ Petition.

(2.) The petitioner is the father of the 3rd and 4th respondents. The petitioner approached the Maintenance Tribunal in an application filed under Sec. 23 of the Act against the 3rd respondent herein alleging that, though an amount of D 6 Lakhs was given to him on condition that the petitioner and his wife would be taken care of, the said condition is violated by the respondent. Therefore, the petitioner sought order from the Maintenance Tribunal in terms of Sec. 23 of the Act for return of the amount. The Maintenance Tribunal declined to consider the claim noticing it to be of a civil nature. The same view was entertained by the Appellate Tribunal.

(3.) This Court in Maroli Santha v. Revenue Divisional Officer, Thalassery and Another (2018(2) KHC 160) has held that, if money is transferred by the senior citizen on condition that the transferee would provide basic amenities and physical needs to the transferor, and the condition is violated, it would attract Sec. 23 of the Act. In the light of the above, the Maintenance Tribunal is to consider the petition on merits with due notice to the parties and pass appropriate orders.