SALAHUDEEN Vs. COLLECTOR

JUDGEMENT

(1.) Petitioner, a senior citizen, approached the Maintenance Tribunal, seeking to set aside the Settlement Deed No.709/2016 executed by him in favour of respondents 3 to 5, namely his wife and children alleging thought the document was executed by him on condition that he will be maintained by them, the same is breached.

(2.) The Full Bench of this court in Subhashini v. District Collector, Kozhikode and Others (2020(5) KHC 195 (F.B)) has held that, unless there is an express recital for maintenance contained in the document, the same cannot be set aside under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Therefore, the Tribunal was right in refusing to set aside the document.

(3.) The learned counsel for the petitioner points out that, in Ext.P2 petition, the petitioner has expressed that he requires amounts for his maintenance including medical treatment. The counsel prays that such request may be considered by the Tribunal. Evidently the enquiry was limited to the question of setting aside of the document. The request of the learned counsel is only reasonable.