ALLWIN PHILIPS Vs. THE MAINTENANCE TRIBUNAL FORT KOCHI

JUDGEMENT

(1.) The petitioner, who is stated to be the son of late Sri.Philip Soman, has filed this writ petition challenging certain proceedings pending before the Maintenance Tribunal, constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act (for short, 'the Act'), on the ground that said proceedings are incompetent and therefore, that it should not be allowed to continue further.

(2.) According to the petitioner, in Ext.P3 complaint, his father had made certain allegations against him but that none of these allegations would be sufficient to invoke the jurisdiction of the Maintenance Tribunal under the Act and in particular, under Section 23 thereof. He says that even accepting as true all the allegations and statements in the complaint, a copy of which is on record is Ext.P3, the Maintenance Tribunal would not obtain jurisdiction to entertain it and that his deceased father ought to have invoked other appropriate remedies, if he wanted to do so. The petitioner also says that consequent to his father's death, the second respondent, who is his step mother, has filed Ext.P4 application to get herself impleaded and according to him, this application is also incompetent because it has been filed in contravention of Rule 9 of the Maintenance and Welfare of Parents and Senior Citizen Rules.

(3.) I have heard Sri.Krishna Prasad, the learned counsel appearing for the petitioner; Sri.T.Jeejan, the learned counsel appearing for the second respondent and Smt.Amminikutty Raghuraj, the learned Senior Government Pleader appearing on behalf of the first respondent.