Suresh v. Sudha Mani
Case brief
What is this about?
This court quashed an order of the Maintenance Tribunal canceling a settlement deed, holding it violated Section 23 of the Act absent express maintenance terms. The Tribunal was directed to reconsider an unconsidered maintenance application.
What did the court decide?
The Tribunal order setting aside the settlement deed was quashed. The Tribunal is directed to reconsider the maintenance application with due notice.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 21ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA,
1943
WP(C) NO. 8329 OF 2014
PETITIONERS:
- 1 SURESH, KOCHUVELIYIL, KANICHAKULANGARA P.O., CHERTHALA.
- 2 MAYA SURESH,W/O. SURESH -DO-
BY ADV SRI.J.OM PRAKASH
RESPONDENTS:
1 SUDHA MANI,W/O. REGHUVARAN, KOCHUVELIYIL, KANICHAKULANGARA P.O., CHERTHALA.
Issues for consideration
2 issues framed by the court
Whether the Maintenance Tribunal can nullify a settlement deed in the absence of an express reservation regarding the duty to maintain the senior citizen under Section 23 of the Act.
Whether the Relief Tribunal reconsidered an application for maintenance which it had not considered earlier.
Parties & counsel
- petitioner
Maya Suresh
- respondent
Sudha Mani
- respondent
The Village Officer Mararikulam North Village
- respondent
The Sub Inspector of Police Mararikulam
- respondent
The Sub Registrar Kalavoor
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court