MELROY FERNANDES Vs. CAETANO FERNANDES

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondents, waives service. Heard finally by consent of parties.

(2.) Normally, this Court would be slow in interfering with the impugned order passed of the nature, which is challenged in this petition, in favour of the parents under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act, for short). However, this is a case, which in my considered view, warrants such interference.

(3.) By the impugned order dated 26.10.2018, the learned Deputy Collector and Sub Divisional Magistrate, Margao (Maintenance Tribunal) has directed the petitioner (respondent no. 4 before the Maintenance Tribunal) to provide the respondents (complainants before the Maintenance Tribunal) health care and shelter and entry into the house, in which the respondents are staying. There cannot be any manner of dispute with para 2 of the operative order, by which, the petitioner has been directed not to cause any harassment to the respondents. The material dispute is as to para 1 of the operative order, by which, the petitioner has been directed to provide shelter and house to the respondents.