Disposed

Juberiya Beevi v. the District Collector

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Tribunal order

Kerala HC27 Jun 2024WP(C)/3382/2020

Download

Case brief

AI extract

What is this about?

Writ petition challenging a Maintenance Tribunal order directing the petitioner, daughter-in-law of the senior citizen, to pay Rs.1,500 per month. The court clarified that Ext.P7 does not require her to pay any maintenance; liability remains on the sons unless set aside.

What did the court decide?

Clarified that the petitioner is not required to pay any maintenance to the 3rd respondent under Ext.P7 order.

Juberiya Beevi Vs the District Collector — Maintenance and Alimony | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

THURSDAY, THE 27^TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946 WP(C) NO. 3382 OF 2020

¶5

PETITIONER/S:

¶6

JUBERIYA BEEVI AGED 36 YEARS, W/O. TAJUDHEEN, DAWOOD MANZIL, KUDAPPANAMOODU, KOVILOOR AMBOORI, THIRUVANANTHAPURAM 695 505

¶7

BY ADVS. PRATHAP. S.R.K. SRI.K.V.RAJEEV (PONOTH) SMT.A.S.SANGEETHA SMT.G.BINDU

¶8

RESPONDENT/S:

¶9

1 THE DISTRICT COLLECTOR 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM 695 043

¶10

2 PRESIDING OFFICER,

¶11

OFFICE OF THE SUB COLLECTOR AND MAINTENANCE TRIBUNAL, NEDUMANGAD, THIRUVANANTHAPURAM 695 541

¶12

3 SHAHUL HAMEED,

¶13

TAH MANZIL, NULLIYODU, VAZHICHAL, KUDAPPANAMOODU P O, OTTASHEKARAMANGALAM, THIRUVANANTHAPURAM 695 125

¶14

BY ADV SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)

¶15

OTHER PRESENT:

¶16

SRI. VENUGOPAL V (GP)

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P (C) No.3382/2020

-2-

J U D G M E N T

The petitioner has approached this court challenging Ext.P7 order of the Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the 2007 Act'). According to the petitioner the direction in Ext.P7 against the petitioner who is the daughter-in-law of the 3^rd respondent to pay a sum of Rs.1,500/- per month as maintenance to the 3^rd respondent cannot be sustained. It is submitted that the daughter-in-law is not a person against whom any proceedings can be maintained before the Tribunal under the 2007 Act.

¶22

The learned counsel appearing for the 3^rd respondent would submit that Ext.P7 cannot be read as an order directing the petitioner to pay any amount as maintenance to the 3^rd respondent. It is submitted that Ext.P7 only confirms the earlier direction in Ext.P3 and a reading of Ext.P3 will indicate that the direction to pay maintenance is against the two sons of the 3^rd respondent who are not parties to the present writ petition. It is submitted that there is no objection in it being clarified that Ext.P7 order does not require the petitioner to pay any amount to the 3^rd respondent.

¶23

Heard the learned Government Pleader also.

¶24

Having heard the learned counsel appearing for the petitioner, the

¶25

learned Government Pleader and the learned counsel appearing for the 3^rd

¶26

W.P (C) No.3382/2020

¶27

-3-

¶28

respondent, this writ petition will stand disposed of clarifying and holding that the petitioner is not called upon to pay any amount to the 3^rd respondent as maintenance in terms of the directions issued in Ext.P7 order. However, this will not absolve the sons of the 3^rd respondent from complying with the directions in Ext.P7 order, unless the said order has been set aside at their instance.

¶29

Writ petition is disposed of as above.

¶30

Sd/- GOPINATH P. JUDGE

AMG

W.P (C) No.3382/2020

-4-

APPENDIX OF WP(C) 3382/2020

¶35

PETITIONER EXHIBITS

¶36

EXHIBIT P1	A TRUE COPY OF THE SETTLEMENT DEED NO. 1386/2005 OF S.R.O VELLARADA DATED 26/09/2005
EXHIBIT P2	A TRUE COPY OF THE SETTLEMENT DEED NBO. 1715/2011 DATED 14/11/2011
EXHIBIT P3	A TRUE COPY OF THE ORDER NO J/ 9907/14/KDS DATED 26-09-2014 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P4	A TRUE COPY OF THE ORDER NO. J/1755/15/KDS DATED 15/07/2015 PASSED BY THE 2ND RESPONDENT
EXHIBIT P5	A TRUE COPY OF THE ORDER NO. A 1/80033/15 DATED 24/11/2016 PASSED BY THE 1ST RESPONDENT
EXHIBIT P6	A TRUE COPY OF THE JUDGMENT DATED 26/06/2018 IN WPC 20984/2018 OF THIS HON'BLE COURT.
EXHIBIT P7	A TRUE COPY OF THE ORDER NO. H 661/2018/KDS DATED 06/08/2018 OF THE 2ND RESPONDENT
EXHIBIT P8	A TRUE COPY OF THE APPEAL FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT
EXHIBIT P9	A TRUE COPY OF THE ORDER DATED 13/12/2018 PASSED BY THE 1ST RESPONDENT
EXHIBIT P10	A TRUE COPY OF THE JUDGMENT DATED 11/04/2019 IN WPC 11782/2019

¶37

RESPONDENT EXHIBITS

¶38

EXHIBIT R3	(A)	TRUE COPY OF THE	MEDICAL CERTIFICATE DATED
		23/08/2014 ISSUED	TO THIS RESPONDENT BY THE
		DEPARTMENT OF CA THIRUVANANTHAPURAM	RDIOLOGY, MEDICAL COLLEGE,
EXHIBIT R3	(B)	TRUE COPY OF THE	AGREEMENT DATED 26/09/2005

¶39

W.P (C) No.3382/2020

¶40

-5-

¶41

EXECUTED BY THE PETITIONER

¶42

EXHIBIT R3 (C) TRUE COPY OF THE ORDER NO. J/9907/14/K.DIS. DATED 26/09/2014 EXHIBIT R3 (D) TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT ON 07/06/2018

Juberiya Beevi v. the District Collector

Case brief

What is this about?

What did the court decide?

Juberiya Beevi v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.v.Peter Vs Principal

Lilly Vs the State of Kerala

Travancore Sugars & Chemicals Ltd. Vs the Controller , Legal Metrology Department

V.S.Vinod Vs State Environmental Impact Assessment Authority

Association of I.T Employees Vs State of Kerala

Lekha G P Vs the Manager, Life Insurance Corporation, Kalpatta