IMPORTANT POINT
The court clarified the interpretation of Section 9(2) of the Senior Citizens Act, holding that the maximum maintenance allowance of Rs.10,000/- applied to each senior citizen, resulting in a total amount of Rs. 20,000/- for two senior citizens.

JUDGMENT :

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 dated 12 October 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/- each and daughter-Nisha to pay Rs.6,000/- 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.

4) In the proceedings before the Maintenance Tribunal, the other son-Sanjeev Koppikar appeared and filed reply expressing his concern about the parents. He pleaded that he is making efforts to maintain the senior citizens, but the Petitioners herein do not look after the parents though they are earning well.

5) Petitioners appeared before the Maintenance Tribunal and filed their reply levelling various allegations against the parents. Both alleged that the father has disposed of various properties succeeded through their grandmother and has pocketed the money out of the sale proceedings. Reliance was placed on the Consent Terms filed in Suit No. 829 of 1990. Petitioner-Nisha also alleged that she is helping the family to repay several loans availed by father and the other brother-Sanjeev.

6) After considering the rival contentions raised by the parties, the Maintenance Tribunal has proceeded to pass Order dated 12 October 2022 directing both sons-Nikhil and Sanjeev to pay amount of Rs.10,000/- each and daughter-Nisha to pay amount of Rs.6,000/- to the senior citizens towards maintenance and medical expenses. Son-Nikhil and daughter-Nisha are aggrieved by the Order of the Maintenance Tribunal and have filed the present petitions.

7) I have heard Mr. Shaikh, the learned counsel appearing for the Petitioner-Nisha in Writ Petition No. 980 of 2023. He would submit that the order passed by the Maintenance Tribunal is totally unsustainable. That the father has substantial sources of income. That he has sold several family properties and has pocketed the sale proceeds. That he has not given any accounts of the sale proceeds received by him by selling family properties. That the father has monthly income of Rs.25,000/- to Rs.30,000/- towards interest on sale proceeds received through sale of family properties. That Nisha has already spent huge amounts on repaying the loans availed in the name of Sanjeev Koppikar by the parents. That Sanjeev has stopped paying the EMIs and that she is made liable to pay the same. That parents and Sanjeev are on one side. Mr. Shaikh would submit that the senior citizens have sufficient funds in their accounts from sale of ancestral properties through which they have received Rs.82,00,000/- in the year 2009, mortgage loan of Rs.50,00,000/- in the year 2016, as well as funds transfers through Petitioners’ personal accounts, credit card loans in the year 2015-16. This is how an amount of Rs.1,50,00,00