JESSY JOSE Vs. MAINTENANCE TRIBUNAL

JUDGEMENT

(1.) The 3rd respondent is a 91 year old lady, who is sick and ailing. She has three sons and six daughters. The petitioner herein is the daughter-in-law of the 3rd respondent and is the wife of Sri.Jose Thomas.

(2.) The petitioner has approached this Court seeking a direction to the Maintenance Tribunal to consider Ext.P8 petition filed by the petitioner and to pass appropriate orders and also for a further direction to the respondents 1 and 2 to keep all further proceedings pursuant to Ext.P6 in abeyance.

(3.) Ext.P6 is the order passed by the Maintenance Tribunal in a petition filed by the 3rd respondent. By the aforesaid order, the Tribunal took note of the earlier proceedings and it was ordered that the 3rd respondent shall continue to live with Jolly Mathew, who is her daughter, and as and when her health condition improves, she should be transferred to the house of the petitioner, as it was her last wish. The petitioner is living in the family house where the 3rd respondent had spent most of her adult life and her final wish was to lie in the bed in her own room when she breathes her last. According to the petitioner, the health condition of the 3rd respondent is precarious and she is not fit to be transferred to the house of the petitioner herein. She also contends that her husband is abroad and he is likely to return back only in the month of December. It is her contention that in view of the above difficulties if the order passed by the Maintenance Tribunal is enforced, the petitioner would be subjected to grave hardship.