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2018 Supreme(Ker) 612

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Sundari – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates Appeared:
For the Appellants : Sunil Nair Palakkat, K.N. Abhilash.
For the Respondents: V. Tek Chand, Sandeep Ankarath.

JUDGMENT :

Dama Seshadri Naidu, J.

1. Lakshmi Amma, 72 years, is the mother; Sundhari 52 years the daughter. They both live under one roof. But they both have a very strained relationship, so strained that Lakshmi Amma accused Sundhari that she had beaten her brutally, forcing her to be admitted to hospital.

2. Besides, on 11.05.2017 Lakshmi Amma also registered a crime against her daughter for the offences under Sections 323, 229, 294(b) and 506 read with S.34 I.P.C. The allegations read distressing: Sundhari allegedly deprived food to her mother, kept her outside the house even at night for about four days, and kicked her in the stomach.

3. All these allegations have led Lakshmi Amma to invoke the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“the Act”). To lay the foundation for her complaint before the primary authority under the Act, Lakshmi Amma pleaded that in the past when the familial relations were fine, she and her husband, since deceased, executed a gift deed in April 2012. They settled on Sundhari, their daughter, eight cents of land, including a residential building. The recital in the gift deed expressly reserves the right of residence till their life








































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