In this writ petition, the petitioner challenged the Maintenance Tribunal's order directing him to pay Rs. 5,000/month to his mother. The Court found no infirmity in the order though acknowledged the petitioner's inability to pay due to having four children.
Writ petition dismissed; freedom to approach the Tribunal to alter the maintenance order granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937
WP(C).No. 1446 of 2013 (E)
PETITIONER :
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SILVAN P.P., AGED 48 YEARS, S/O. PRABHAKARAN, POOVATHUMKADAVIL HOUSE, KONATHUKUNNU.P.O, THEKKUMKARA VILLAGE, THRISSUR.
BY ADV. SRI.M.B.PRAJITH
RESPONDENTS :
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1. RADHA LAKSHMI, AGED 75 YEARS, W/O. PRABHAKARAN, POOVATHUMKADAVIL HOUSE, KONATHUKUNNU.P.O, THEKKUMKARA VILLAGE, THRISSUR.
2. THE MAINTENANCE TRIBUNAL AND REVENUE DIVISIONAL OFFICER, THRISSUR.
R1 BY ADVS. SRI.R.LAKSHMI NARAYAN
SMT.R.RANJINI
R2 BY GOVERNMENT PLEADER SRI. GIKKU JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 1446 of 2013 (E)
APPENDIX
PETITIONER(S) EXHIBITS
P1:A TRUE COPY OF THE PARTITION DEED. P2:A TRUE COPY OF THE M.C. NO.8 OF 2012 FILED BY THE IST RESPONDENT/PETITIONER'S MOTHER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKKUDA. P3:A TRUE COPY OF THE PETITION C.M.P.NO.700 OF 2012 IN M.C.NO.8 OF 2012. P4:A TRUE COPY OF THE ORDER DATED 12.01.2012 IN C.M.P.NO.700 OF 2012 IN M.C.NO.8 OF 2012. P5:A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKKUDA IN M.C.NO.8 OF 2012. P6:A TRUE COPY OF THE ORDER DATED 17.04.2012 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKKUDA. P7:A TRUE COPY OF THE APPEAL MEMORANDUM OF CRL.A.NO.264 OF 2012 FILED BY THE PETITIONER. P8:A TRUE COPY OF THE COMMISSION REPORT IN O.S.NO.527 OF 2012 ON THE FILES OF MUNSIFF'S COURT, KODUNGALLOOR. P9:A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT ALONG WITH THE APPLICATION FILED BY THE IST RESPONDENT. P10:A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P11:A TRUE COPY OF THE NOTICE ISSUED BY CONCILIATION OFFICER ADVOCATE USHA.K.D. P12:A TRUE COPY OF THE ORDER DATED 09.07.2012 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
A. MUHAMED MUSTAQUE, J.
W.P.(C).No. 1446 of 2013
Dated this the 16th day of February, 2016
JUDGMENT
The petitioner challenging an order passed by the
Maintenance Tribunal constituted under the Maintenance
and Welfare of Parents and Senior Citizens Act, 2007, has approached this Court. The Maintenance Tribunal directed the petitioner to pay the maintenance of Rs. 5,000/- to his mother from July 2012 onwards.
the liability imposed on him. Having gone through the impugned order, I do not find any infirmity with the order.
However, the petitioner is at liberty to approach the
W.P.(C).No. 1446 of 2013
-2-
Tribunal to alter the order granting the maintenance
allowances; with that liberty, the writ petition is dismissed.
Sd/-
A. MUHAMED MUSTAQUE JUDGE
bpr
2 issues framed by the court
Whether the petitioner is liable to pay maintenance to his mother under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Whether the impugned maintenance order directed by the Tribunal is infirm.
Silvan P.P.
Radha Lakshmi
The Maintenance Tribunal and Revenue Divisional Officer, Thrissur
A. Muhammed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
