Disposed

Mrs. Baby Pius v. State of Kerala

Kerala HC19 Nov 2020WP(C)/7375/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Maintenance Tribunal at Palakkad to expedite proceedings and decide the petitioner's application for maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, within three months, considering her senior citizen status.

What did the court decide?

Direction to the 2nd respondent to expedite proceedings and pass final orders within three months from the receipt of the judgment.

Mrs. Baby Pius Vs State of Kerala — Maintenance and Alimony | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WP(C).No.7375 OF 2020(V)

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PETITIONER:

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MRS. BABY PIUS AGED 46 YEARS REPRESENTED BY HER POWER OF ATTORNEY HOLDER, SHERLY ANTONY, D/O. MRS BABY PIUS, PUTHANPURAYIL HOUSE, EZHUTHANKKAD, PUTHIYANKAM P.O., MELARKOD, PIN-678 703,PRESENTLY RESIDING AT DOOR NO.8, MULLAI STREET, VEMBOO AVENUE, VADAVALLI, COIMBATORE-641 041

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BY ADVS. SMT.SHIBI.K.P. SRI.C.K.SUNIL SMT.T.T.JAYANTHY SMT.K.S.ARUNI RAJ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE DISTRICT MAGISTRATE, DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD,PIN-678 001

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2 MAINTENANCE TRIBUNAL PRESIDED BY THE SUB DIVISIONAL MAGISTRATE, RDO, REVENUE DIVISIONAL OFFICE, CIVIL STATION,PALAKKAD,PIN-678 001

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3 SHAJI PIUS, AGED 42 YEARS, S/O.P.M.PIUS, PUTHANPURAYIL HOUSE, MALAKULAM, MELARKOD, PALAKKAD, PIN-678 703

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4 SHIJU PIUS, AGED 40 YEARS, S/O.P.M.PIUS, PUTHANPURAYIL HOUSE, EZHUTHANKKAD, PUTHIYANKAM P.O., MELARKOD, PIN-678 703

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SRI KP HARISH, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.7375 OF 2020

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JUDGMENT

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Smt. Baby Pius, a senior citizen, had submitted an application before

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the Maintenance Tribunal, Palakkad invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The respondents 3 and 4 are the sons of the petitioner. The petitioner contends that owing to her advanced age, she has every right to get the application decided without any further delay. It is in the aforesaid circumstances that

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the petitioner has approached this Court seeking a direction to the 2nd respondent to pass orders on Exhibit P9 application within a time frame.

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I have heard Sri.K.P.Shibi, the learned counsel appearing for the petitioner and Sri.K.P.Harish, the learned Senior Government Pleader.

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The learned Government Pleader submits that in view of the advanced age of the petitioner efforts can be made to conclude the proceedings within a period of three months from the date on which the presence of the party respondents are secured. Having regard to the nature of the order that I propose to pass, notice to the party respondents are dispensed with.

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Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of directing the 2nd respondent to expedite the proceedings and finalise Ext.P9 after affording

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WP(C).No.7375 OF 2020

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opportunity to the petitioner as well as the party respondents in the petition to advance their respective cases. Final orders shall be passed in consonance with law, ideally, within a period of three months from the date of receipt of a certified copy of this judgment.

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The petitioner shall produce a copy of the writ petition along with the judgment before the 2nd respondent for further action.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.7375 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE STATEMENT DEED NO.1327/I/2019 DATED 30.045.2019 EXECUTED BY THE PETITIONERS MOTHER IN FAVOUR OF THE 3RD RESPONDENT REGISTERED AT ALATHUR SRO

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EXHIBIT P2 THE TRUE COPY OF THE BANK STATEMENT BEARING ACCOUNT NUMBER 38326078491 OF STATE BANK OF INDIA,ALATHUR BRANCH IN THE NAME OF THE PETITIONERS MOTHER WHICH EXHIBITS THE TRANSACTIONS DONE BY THE 4TH RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE RELEASE DEED NO.2763/I/2019 DATED 5.9.2019 EXECUTED IN FAVOUR OF THE 4TH RESPONDENT BY BABY PIUS (MOTHER) PETITIONER AND THE 3RD RESPONDENT REGISTERED AT ALATHUR SRO

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EXHIBIT P4 THE TRUE COPY OF THE PETITIONERS MOTHERS DISCHARGE SUMMARY DATED 9.11.2018 ISSUED FORM THE JUBILEE MISSION COLLEGE AND RESEARCH INSTITUTE THRISSUR EXHIBIT P5 THE TRUE COPY OF THE PETITIONERS MOTHERS DISCHARGE SUMMARY DATED 19.11.2018 ISSUED FROM THE JUBILEE MISSION MEDICAL COLLEGE, AND RESEARCH INSTITUTE THRISSUR EXHIBIT P6 THE TRUE COPY OF THE CERTIFICATE RELATING TO THE DISEASE OF THE PETITIONERS MOTHER ISSUED BY DR.BERNARD,LEO ORTHO CARE HOSPITAL, COIMBATORE EXHIBIT P7 THE DISCHARGE SUMMARY OF THE PETITIONERS MOTHER DATED 30.10.2019 ISSUED FROM LEO ORTHO CARE HOSPITAL,COIMBATORE EXHIBIT P8 THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONERS MOTHER DATED 30.11.2019 ISSUED FROM AROGYA NURSING HOME, COIMBATORE

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WP(C).No.7375 OF 2020

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EXHIBIT P9

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THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER FOR AND BEHALF OF HER MOTHER DATED 4.02.2020 FILED BEFORE THE MAINTENANCE TRIBUNAL PALAKKAD

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Mrs. Baby Pius v. State of Kerala

Case brief

What is this about?

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Mrs. Baby Pius v. State of Kerala

Case brief

What is this about?

What did the court decide?

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