(1.) The dispute is between the husband and wife. The husband approached the Maintenance Tribunal, Chengannur invoking the provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the 'Act') . The prayer was for permission to reside in the house constructed by him. The Tribunal ordered the wife to provide a bath attached room for the husband. Aggrieved by this order, the wife approached this Court. The petitioner cites previous litigation arising out of matrimonial relation.
(2.) Having gone through the Scheme of the Act and taking note of the nature of the dispute, this Court is of the view that the Tribunal has no jurisdiction to entertain such dispute. It is beyond the jurisdiction of the Tribunal to decide the inter se dispute between husband and wife. The Act itself was enacted for the maintenance and welfare of parents and senior citizens. Therefore, the claim has to come within the ambit of the claim of parents or senior citizens.
(3.) The very object of the Act is to provide care and protection to the senior citizens. A senior citizen encounters innumerable challenges in life due to ageing and he will not be in a position to meet with such challenges without the support of others. The Act refers to the protection of the needs of senior citizens on account of ageing. The Act ensures for dignity and confers protection on senior citizen to continue to live a life of self-fulfillment. The Act, therefore, provides a mechanism for a qualitative life of the senior citizen. In the light of the Scheme of the Act, the question that has to be considered is whether the dispute has anything to do with the ageing of a senior citizen. If it has nothing to do with it, then the Tribunal cannot assume the jurisdiction merely for the reason that the person concerned is a senior citizen. Thus, the dispute arising out of special relationship and status cannot be decided by the Tribunal even if the party approaching the Tribunal is a senior citizen.