KANA ROHINI Vs. KANA NARAYANI

JUDGEMENT

(1.) The daughter of a senior citizen has filed this writ petition impugning Exhibit P3 order issued by the Maintenance Tribunal, constituted under the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 ('the Act' for brevity). The senior citizen has been arrayed as the first respondent in this writ petition and the allegation of the petitioner against the impugned order is that it has been issued without proper application of mind and without affording a reasonable opportunity to establish her case.

(2.) The learned counsel for the petitioner contends that Exhibit P3 order, which has set aside a settlement deed executed by the senior citizen and her children in favour of the petitioner, under Section 23 of the Act, is untenable in law, since the said document does not contain any express stipulation that the petitioner was to provide for the physical needs and amenities of the senior citizen. He further says that the allegations levelled against the petitioner are also completely untrue and that, even if there is any such stipulation in the document, Section 23 of the Act could not have been invoked by the Tribunal, since it has not been established that the petitioner had failed in providing basic needs and amenities to the senior citizen.

(3.) The learned counsel for respondents 2 to 4 submits that Exhibit P1 document, which is the settlement deed in question, was executed by the senior citizen and the siblings of the petitioner under the implied condition that the petitioner would take care of the senior citizen until her life time. She says that in contravention of this trust reposed on the petitioner, she has driven away the senior citizen from the said property and has sold it to the fifth respondent. She, therefore, prays that Exhibit P3 order be left undisturbed by this Court.