LEELAMMA EAPEN Vs. DISTRICT MAGISTRATE, KOTTAYAM

JUDGEMENT

(1.) "To care for those who once cared for us is one of the highest honours".- Tia Walker.

(2.) If the parent is able to maintain herself from her own earnings, but the son has obstructed the parent to have access to her earnings, can the Maintenance Tribunal constituted under the Senior Citizens Act direct the son not to obstruct the parent from taking the earnings and to create a peaceful living atmosphere for her in the residence? Enforceability of such an order of the Maintenance Tribunal is the issue involved in this writ petition.

(3.) The petitioner, a senior citizen, is the wife of Sri. K.V. Eapen who had executed Ext.P2 Will dtd. 10/10/2008, whereby life interest was created in favour of the petitioner in respect of A schedule properties in the Will, and after her death, the property is to devolve absolutely in favour of their son, the 4th respondent. As per the recital in Ext. P2 Will, during the life time of the petitioner, she can enjoy A schedule properties with absolute freedom including the right to collect and take all income and to reside in the house ad libitum.