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2018 Supreme(Ker) 776

DEVAN RAMACHANDRAN
Sheeja – Appellant
Versus
Maintenance Appellate Tribunal/District Collector – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.T. Pradeep
For the Respondent: K.M. Rashmi, S. Nikhil Sankar

JUDGMENT :

A very small issue; but in my view interpretatively decisive, has been thrown up in this Writ Petition: Is the wife of a deceased nephew of a senior citizen obligated, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to maintain the senior citizen after the death of her husband solely because the senior citizen had, during the life time of the nephew, gifted certain properties to him with the reciprocal covenant to maintain her. The petitioner says, she is neither a “relative” of the senior citizen nor liable to maintain her and I will proceed to answer these contentions presently, after I record the most essential facts.

2. The petitioner assails Exts.P2 and P4 orders, issued by the Maintenance Tribunal and by the Appellate Tribunal respectively, constituted under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as Act for short), as per which she has been ordered to offer residence to the senior citizen-the 3rd respondent herein, in her home, which house had been earlier gifted by the 3rd respondent to the now deceased petitioner’s husband.

3. The petitioner’s foundatio































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