LAWS(BOM)-2024-3-15

NISHA NITIN KOPPIKAR Vs. STATE OF MAHARASHTRA

Decided On March 08, 2024
Nisha Nitin Koppikar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the parties, Writ Petitions are taken up for final hearing and disposal.

(2.) By these petitions, Petitioners have challenged the Order dtd. 12/10/2022 passed by the Maintenance Tribunal constituted under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Senior Citizens Act). The Maintenance Tribunal has directed two sons-Nikhil and Sanjeev to pay Rs.10,000.00 each and daughter-Nisha to pay Rs.6,000.00 towards maintenance to the Senior Citizens. The present petitions are filed only by one of the sons-Nikhil (WP No. 985/2023) and daughter-Nisha (WP No. 980/2023). The other son-Sanjeev has not challenged the order of the Maintenance Tribunal.

(3.) Respondent No.3-Nitin Krishana Koppikar is Petitioners' father and Respondent No.4-Nirmala Nitin Koppikar is their mother. The parents have three children-Nikhil, Sanjeev and Nisha. The age of the senior citizens is about 73 and 74 years respectively and they claim that they do not have any source of income to maintain themselves. Several allegations were made by the parents against two Petitioners-Nikhil and Nisha about cause of harassment and torture, filing of cases under the Domestic Violence Act, lodging of police complaints etc. The senior citizens alleged that Petitioners have repeatedly fought with their parents, abused and asked them to vacate the house. With these broad complaints, the senior citizens filed application before the Maintenance Tribunal.