K SARASWATHI AMMA Vs. MAINTENANCE TRIBUNAL

JUDGEMENT

(1.) Two senior citizens, both coming under the sweep of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as Act for short), have filed this writ petition, challenging Exts.P13 and P15 orders issued by the Maintenance Tribunal and Appellate Tribunal respectively, constituted under the provisions of the Act, whereunder, their claims have been negated.

(2.) According to the petitioners they are entitled to the reliefs under Section 23 of the Act, but that instead of doing so, both the Tribunals misdirected themselves and concluded on various other issues in the impugned orders. They, therefore, pray that these orders be set aside.

(3.) I notice that this case has a fair amount of litigative history behind it. I see that the Maintenance Tribunal had earlier issued an order, which was challenged by the senior citizens before this Court, which culminated in Exts.P11 and P12 judgments. Through Ext.P11, a learned Single Judge of this Court remanded the matter to the Maintenance Tribunal with a direction to consider the claim of the petitioners under Section 23 of the Act; while through Ext.P12, a learned Division Bench approved these directions. Therefore, indubitably, the Maintenance Tribunal ought to have considered the impact of Section 23 of the Act with respect to the document executed by the senior citizens in favour of their son, namely the 3rd respondent herein, a copy of which has been placed on record as Ext.P1.