The main legal point established in the judgment is the obligations of children towards their parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

ORDER :

1. This case represents how dynamic human relationship can be in the present socio economic condition.

2. The present application under Article 227 of the Constitution of India is at the instance of the petitioner being aggrieved by the order of cancellation of gift deed dated 10.07.2017 executed in her favour by her father in respect of family flat by the declaring the said deed to be void and directing the Additional District Magistrate to take all steps to revert back the ownership of the flat as mentioned in the schedule of the registered deed to the donor father Baidyanath Dey/the opposite party no. 1 by Maintenance Tribunal, Serampore in Maintenance Case No. 4 of 2021 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 30.07.2021.

3. The facts necessary for determination of the present revisional application in gist is that father/opposite party no. 1 before the marriage of the daughter and out of love and affection appears to have gifted flat being no. 2A having 1392 sq.ft. super build area in a multi storied building known as Ambika within holding no. 38/18 at new GT Road Uttarpara by executing a registered deed of gift on 10th July, 2017. It appears the said flat is a residential flat where the un-married daughter used to live with her parents. That situation appears to have changed after the marriage of the daughter, who even after marriage continued to reside in the disputed flat along with her husband. The relationship between daughter and parents appears to have deteriorated after the marriage of the daughter and for which the father had to file an application under Section 4 of the Act of 2007 seeking maintenance as well as for cancellation of the gift deed executed by him in 2017 as the daughter seems to have driven out the parents from the flat and who had to take shelter in the house of their married son. The learned Tribunal after causing inquiry was pleased to pass impugned order not only cancelling the gift deed but also gave the direction to the son to pay maintenance of the rupees 5000 per month to his parents and directed IC Uttarpara to give all kinds of protection to the aged parents/ petitioner.

4. The Maintenance Act, which has come into existence in 2007 has been enacted to safeguard the interest of the parents senior citizens guaranteed and recognized under the constitution and to provide them maintenance so that in the fag end of their lives they do not have to lead a life of vagrancy perhaps day by day we are departing away from our traditional family value. In traditional Indian society the children even after attaining the majority and until they become fully independent they continue to reside under the shelter and protection of their parents like in the present case. Now, with globalization and with all modern technology we find drastic change in socio economic conditions and Indian values being eroded with adoption of the western culture and western tradition. Now, it has become a part of Indian society to see aged parents and aged senior citizens seeking shelter of the Courts for their social and economic safety as we see some of them driven away from their home by their own children and not being provided proper maintenance and basic necessaries. And some is taking shelter in old age home run by government or by NGOs.

5. It is true that the parents having no source of income can seek maintenance from their children by invoking provision of Section 125 of C.r.P.C. but the procedure is time consuming. Now, under the new enactment the parents can seek speedy relief from the provision set up under the act under which the tribunal has been vested with all the power of Civil Court and can pass an award of maintenance and also can pass an order of cancellation of deeds which parents had executed in favour of their child or children for providing social and economic security to the children.

6. However, the Hon'ble Division Bench of this Court in Debashish Mukherjee @ Z