ALEYKUTTY VARKEY Vs. APPELLATE TRIBUNAL UNDER THE MAINTENANCE

JUDGEMENT

(1.) This writ petition is filed seeking the following prayers;

(2.) The petitioner, a nonagenarian, had filed a petition before the second respondent-Maintenance Tribunal, claiming maintenance from her two sons and a daughter, who are respondents 3 to 5 herein. However, no amount was claimed against the younger daughter, Smt.Sherly Felix, as she is taking care of the petitioner. The Tribunal, after considering the petition filed by the petitioner, passed Ext.P1 order, exempting the younger daughter from the payment of maintenance and directing respondents 3 and 4 to pay 4,000/- each and the fifth respondent to pay 2,000/- per month as maintenance. Challenging Ext.P1 order, the fifth respondent filed Ext.P2 appeal before the first respondent; and the first respondent passed Ext.P3 order, setting aside Ext.P1 order and directing the younger daughter, Smt.Sherly Felix, to bring the petitioner to the house of her elder son, the third respondent herein. According to the petitioner, Ext.P3 order was passed without considering the objection raised by her before the first respondent-appellate authority, that the appeal is not maintainable as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, "the Act"). Hence, she has come up before this Court, challenging Ext.P3 order.

(3.) The third respondent appeared in person and the fourth respondent appeared through counsel. Though notice was served on the fifth respondent, there was no appearance.