LAWS(KER)-2021-6-76

ABDUL AZEEZ Vs. HUSSAIN

Decided On June 29, 2021
ABDUL AZEEZ Appellant
V/S
HUSSAIN Respondents

JUDGEMENT

(1.) The first respondent herein is the father of the petitioners. Respondent Nos. 2 and 3 are brothers of the petitioners. The 1 st respondent is a senior citizen. He approached the Maintenance Tribunal, Ottapalam constituted u/s.7 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (for short 'Act 2007') with an application for maintenance. Exhibit.P1 is the order passed by the Tribunal. As per Exhibit.P1, respondents 2, 3, 4, and 5 in that proceedings were directed to pay an amount of Rs.1,000/- each to the petitioner in that proceedings (the 1 st respondent herein) as maintenance. Aggrieved by the same, this writ petition is filed by respondents 3 and 4 in Exhibit.P1 order.

(2.) Heard the counsel for the petitioners and the counsel for the 1st respondent.

(3.) The counsel for the petitioners submitted that the petitioners were not in the station at the time when Ext.P1 order was passed. The counsel submitted that the Tribunal passed the impugned order without hearing the petitioners. The definite case of the petitioners is that they have not received any summons from the Tribunal. The counsel for the 1 st respondent submitted that the Tribunal, after considering the entire facts and circumstances, directed the petitioners to pay maintenance. The counsel submitted that the petitioners have not complied with even the interim order passed by this Court while admitting the writ petition. The counsel submitted that a huge amount is due as arrears as per Ext.P1 order.