SINDHU B. Vs. V.BALACHANDRAN

JUDGEMENT

(1.) The petitioner is challenging Exts.P2 and P7 orders of the Maintenance Tribunal, Kollam constituted under Sec. 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('Act', for short) and Ext.P6 revenue recovery notice for recovery of the amount ordered by the Maintenance Tribunal.

(2.) The first respondent has four children including a son. The petitioner is the eldest daughter. According to the petitioner, from 1999 onwards, she along with her husband and two children was residing with her parents in the house in the property extending to 8.33 Ares comprised in R.S Nos.288/9, 288/10 and 279/79 in Block No.3 of Thrikkadavur Village, Kollam district. The parents jointly settled the said property in her favour by executing Ext.P9 Settlement Deed No.1149 of 2007 dtd. 7/6/2007 of Anchalummodu Sub Registry Office reserving their right of enjoyment over the property including the right of residence in the house and taking income from the property. The petitioner effected mutation and paid tax in her name. Later, certain disputes arose between the petitioner's husband and her father in relation to their money lending business and the petitioner moved out of the family house with her husband and children and they started living in a rented house from 28/4/2009 onwards.

(3.) The first respondent filed Ext.P1 petition dtd. 20/4/2010 before the Maintenance Tribunal under Sec. 4 of the Act seeking cancellation of the Settlement Deed or in the alternative, for awarding maintenance to him. Before the Tribunal, the petitioner resisted Ext. P1 petition contending that the first respondent has earnings to maintain himself and that she has been ousted from the property settled in her favour. She also contended that her father has borrowed Rs.5.00 lakhs from her and if he returns the said amount, she would give back the property settled on her. However, she gave an undertaking in writing before the Tribunal that she is ready to give Rs.4,000.00 per month to the first respondent towards his maintenance. After hearing both parties, the Tribunal passed Ext. P2 order directing the petitioner to give Rs.4,000.00 per month as agreed, as maintenance to the first respondent with effect from 1/11/2010. Pursuant to the said order, the petitioner paid maintenance to the first respondent till 30/8/2012.