KAVITHA R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra-Court appeal seeks to lay a challenge to a learned Single Judge's order dtd. 10/9/2021 whereby appellants' W.P.No.8108/2021 (GM-RES) has been negatived. In the said writ petition, they had called in question the order dtd. 24/2/2021 passed by the 2 nd respondent -Assistant Commissioner as the Ex-Officio Tribunal under Sec. 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 whereby the Gift Deed dtd. 28/2/2018 has been set at naught.

(2.) Learned counsel appearing for the appellants argues that his clients have been looking after both the parents and that now one parent viz., the father has passed away. He also submits that a lot of money has been spent by the appellants for the hospitalization of the father when alive and therefore there was absolutely no justification whatsoever for the invalidation of the subject gift deed by the Assistant Commissioner. This aspect having not been properly appreciated by the learned Single Judge, the impugned order is liable to be set aside and the writ petition needs to be allowed by restoring the Gift Deed.

(3.) Learned Additional Government Advocate appearing for the official respondents opposes the appeal contending that the learned Single Judge has crisply stated the reasons for denying relief to the appellants i.e., their assaulting the parents and ill-treating them during the evening of their life. The writ jurisdiction constitutionally vested in this Court therefore cannot be tapped by the children who abuse the parents, contends the learned Additional Government Advocate.