JISHNU RAMAKRISHNAN Vs. B RAMAKRISHNAN

JUDGEMENT

(1.) The petitioner, who is a son of the Senior Citizen involved in this case, namely, the 1st respondent herein, calls into question Ext.P3 order issued by the Maintenance Tribunal, constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act' for short), primarily on the contention that he was neither given an opportunity of being heard nor afforded liberty of filing his objections against the claim made by the Senior Citizen his father.

(2.) The learned Senior Government Pleader, appearing on behalf of the 2nd respondent Tribunal, submits that the allegation of the petitioner is completely uncalled for since, as is clear from Ext.P3, he was given an opportunity of being heard on 11/10/2018 and that his statement was also recorded by the said Tribunal. She says that, in any case, the petitioner does not appear to have any tenable objections against the claim made by the Senior Citizen and that this is obvious because, even in the pleadings in this writ petition, the petitioner does not say why he should not have been directed to pay Rs.5,000/- as maintenance to his parents, and that he does not even have a case that he is not possessed of the means to maintain his parents or that he is not legally bound to do so. She, therefore, prays that this writ petition be dismissed, confirming Ext.P3 order.

(3.) Smt. Athira A Menon, the learned counsel appearing for the 1st respondent, Senior Citizen involved in this case, submits that her client and his wife are now living in a state of penury, particularly because they were forced to take a loan at the instance of the petitioner to construct a house and that the large portions of such loan amounts have been misused by the petitioner for his own purposes. She says that, the house, which is now under construction, is still incomplete because of lack of resources and that her client and his wife are finding it difficult to maintain themselves, even to obtain necessary medical attention, without any support being offered to them by the petitioner. She also, therefore, prays that this writ petition be dismissed, approving Ext.P3 order.