Petitioner challenged Tribunal order mandating his care of mother while directing other siblings to contribute financially. Court upheld order under Maintenance Act, citing enforcement and alteration provisions, denying interference at this stage.
The petitioner directed to approach the Tribuna for implementation of order or alteration thereof
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 25TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944
WP(C) NO. 2615 OF 2023
PETITIONER:
ASHOK KUMAR M AGED 61 YEARS S/O. KAMALAMMA, MULLUKAATTIL HOUSE, THETTYKUZHY, PARIPPALLY P.O., KOLLAM, PIN - 691574
BY ADVS. M.R.SASITH NEELANJANA NAIR R.K.CHIRUTHA RAJITHA V.K BHAVANA K.K PARVATHI KRISHNA SITHARA HAMZA KIZHAKOOT
RESPONDENTS:
1 THE PRESIDING OFFICER MAINTENANCE TRIBUNAL (REVENUE DIVISIONAL OFFICER), NEDUMANGAD, THIRUVANANTHAPURAM - 695541.
2 KAMALAMMA AGED 80 YEARS W/O LATE KUMAR, MELEVILA (H), POOVATHUR, NEERUMANKADAVU P.O., KALLARA, THIRUVANANTHAPURAM - 695610
3 SHOBHANA AGED 50 YEARS D/O. KAMALAMMA, BIJU MANDIRAM, KONNAMOODU, MANPURAM, CHULLIMANOOR, THIRUVANANTHAPURAM - 695541
4 SUDARSANAN AGED 45 YEARS, S/O KAMALAMMA, S.S. BHAVAN, AVANANCHERRY P.O., ATTINGAL, THIRUVANANTHAPURAM - 695103
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5 LEELA AGED 50 YEARS, W/O. LATE MOHANDAS, PULLIKARAKUNNU (H), BHARATHANNUR, PANGODE P.O., THIRUVANANTHAPURAM - 695609
6 SULOCHANA AGED 48 YEARS D/O. KAMALAMMA, MANALIVILAKATH (H), POOVATHUR, NEERUMANKADAVU P.O., THIRUVANANTHAPURAM - 695610
SMT.AMMINIKUTTY SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2615 of 2023 3
JUDGMENT
Kamalamma, the mother of the petitioner, is over 80 years of age. She has, in addition to the petitioner herein, five other children. Complaining that she is not being provided with food, clothing, and medical attention, she approached the Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
W.P.(C) No.2615 of 2023 4
mother, it was ordered that the mother should be under his protection and care during her lifetime. Directions were also issued to the other children to enquire about the well-being of the mother and to contribute financially and otherwise. Sri. Sudarshan, the brother of the petitioner, was ordered to pay a sum of Rs. 2000/- per mensem towards maintenance.
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Section 10 so that appropriate directions can be issued after hearing all concerned.
through the records.
her needs are met. Specific directions have been issued by the Tribunal to the other children to contribute so that the financial burden placed on the petitioner is somewhat lessened. Section 11 of the Act provides for the Enforcement of the order of Maintenance. The said provision provides that if any of the children fail to comply with the directions, appropriate measures can be taken by the Tribunal for enforcement of the order of maintenance. Furthermore, Section 10 of the Act provides that on proof of misrepresentation of mistake of fact, or in the change in the circumstances of any person receiving monthly maintenance under Section 9, the Tribunal is empowered to make such alteration in the allowance for maintenance. In that view of the matter, I am of the considered opinion that the order issued by the Maintenance Tribunal does not warrant any interference at this stage.
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implementation of the order or alteration. Leaving open the rights of the petitioner to approach the Tribunal, this writ petition is disposed of.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE
ams
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APPENDIX OF WP(C) 2615/2023
PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT TRIBUNAL, DATED 07/04/2022. Exhibit P2 TRUE COPY OF MEDICAL REPORT DATED 16/07/2022 OF THE PETITIONER.
2 issues framed by the court
Whether the writ court should interfere with the Maintenance Tribunal order placing primary care on the petitioner but directing financial contribution from other children.
The propriety of the Tribunal's determination without specific monetary directions to sisters to pay contributions.
3 provisions across 1 enactments
ASHOK KUMAR M
KAMALAMMA
THE PRESIDING OFFICER MAINTENANCE TRIBUNAL (REVENUE DIVISIONAL OFFICER), NEDUMANGAD
SHOBHANA
SUDARSANAN
LEELA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
