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2018 Supreme(Ker) 109

A.MUHAMED MUSTAQUE
KANAKAMMA, W/O. GOPALAKRISHNAN – Appellant
Versus
REVENUE DIVISIONAL OFFICER (MAINTENANCE TRIBUNAL UNDER MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007) – Respondent


Advocates Appeared:
For the Petitioner: Sri. C.A. Chacko, Smt. C.M. Charisma
For the Respondents: Sri. N. Vinod, Sri. R. Sunil Kumar, Smt. A. Salini Lal

JUDGMENT :

The dispute is between the husband and wife. The husband approached the Maintenance Tribunal, Chengannur invoking the provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the 'Act'). The prayer was for permission to reside in the house constructed by him. The Tribunal ordered the wife to provide a bath attached room for the husband. Aggrieved by this order, the wife approached this Court. The petitioner cites previous litigation arising out of matrimonial relation.

2. Having gone through the Scheme of the Act and taking note of the nature of the dispute, this Court is of the view that the Tribunal has no jurisdiction to entertain such dispute. It is beyond the jurisdiction of the Tribunal to decide the inter se dispute between husband and wife. The Act itself was enacted for the maintenance and welfare of parents and senior citizens. Therefore, the claim has to come within the ambit of the claim of parents or senior citizens.

3. The very object of the Act is to provide care and protection to the senior citizens. A senior citizen encounters innumerable challenges in life due to ageing and he will not be in a position to meet with





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