AMEERA Vs. MAINTENANCE TRIBUNAL

JUDGEMENT

(1.) Petitioners are the daughter, son, and wife, respectively, who filed proceedings No. N2/217/2023 before the 1st respondent, Maintenance Tribunal, constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007('the Act' for short).

(2.) The 2ndrespondent is the father of the 1st and 2nd petitioner, and the Husband of the 3rd petitioner, who is a senior citizen, filed a petition under Sec. 5 of the Act before the Maintenance Tribunal, Kozhikode (1strespondent). It is stated that the petitioners did not take care of providing the residence to him, and he needs maintenance to survive and lead a normal life. It is further stated that second respondent was living abroad, and after he came back from abroad, the petitioners did not permit him to reside in the flat purchased in the joint name of himself and his wife. Before going abroad, all the family members were staying together. After he came back from abroad with some ailments, the petitioners were not ready to accept him, and he had no place to live. It was also prayed that if the petitioners were not willing to permit him to stay with them, they should arrange a house or flat for him and should also provide the maintenance amount.

(3.) On the basis of these facts stated, the Tribunal passed an interim order on 27/2/2023, permitting the 2ndrespondent to reside in the flat, which is in the joint name of husband and wife, subject to the final outcome of the proceedings before the Tribunal. The petitioners approached this Court in W.P(C)No. 16099/2023, and this court granted an interim stay on the interim order passed by the Tribunal on 27/2/2023.