PREMCHAND Vs. VIJAYAKUMARAN NAIR S

JUDGEMENT

(1.) The petitioner, who is the son of the first respondent - senior citizen concededly coming within the sweep of the Maintenance of Welfare of Parents and Senior Citizens Act, 2007, challenges Ext.P6 order, to the extent to which he has been directed to take the senior citizen from an old age home and provide him residence in his own house. There is also direction in the said order to the petitioner to pay Rs.10,000/- as monthly maintenance, which the petitioner is seen to be accepting.

(2.) Sri.V.S.Sudheer, the learned counsel appearing for the petitioner, submits that there is a practical problem, which was not noticed by the Maintenance Tribunal, in allowing his father, the first respondent, to stay in his house because his mother, who is legally divorced from the senior citizen, is presently residing with him. He says that his mother does not agree to allow the first respondent to stay along with her and therefore, that Ext.P6 order is impracticable in its approach. The learned counsel submits that this fact, though brought to the notice of the Maintenance Tribunal, has not been adverted to and therefore, prays that Ext.P6 be set aside to that extent. Of course, I am aware that Sri.V.S.Sudheer also has a contention that the proceedings before the Maintenance Tribunal is not maintainable because the senior citizen has already invoked the provisions of Section 125 of the Code of Criminal Procedure and that thus, going by Section 12 of the Act, the Maintenance Tribunal ought to have ceased jurisdiction in this matter. After saying so, however, the learned counsel submits that he does not intend to press this argument because his intention is only to support and protect his mother and therefore, that he is even willing to offer another residence to the senior citizen, subject to the orders to be issued by the Maintenance Tribunal as per law.

(3.) Sri.G.Sudheer, the learned counsel for the senior citizen concedes that his client is legally divorced from the petitioner's mother but submits that he is now totally indisposed and debilitated on account of serious illnesses. He says that his client only wants one room in the petitioner's house and that he desires to breathe his last there. Sri.G.Sudheer adds that his client has no other house or building to reside in.