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2019 Supreme(Ker) 167

Suresh – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners: Advs. Sri. T.G. Sunil (Pranavam), Sri. C.X. Antony Benedict, Sri. J. Om Prakash.
For the Respondents: Advs. Sri. K.V. Sohan, State Attorney, Sri. Bindu Sreekumar.

JUDGMENT :

1. The petitioners make a startling prayer in this writ petition that the Maintenance Tribunal, constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as Act for short) and the Government of Kerala be directed to pay the 1st petitioner Rs.2 lakhs as compensation, allegedly because he was arrested by the Police on the orders of the Maintenance Tribunal issued under Section 6(3) of the Act.

2. The petitioners assert that the Maintenance Tribunal obtains no power to issue a warrant of arrest to compel appearance of parties before it in a proceedings under Section 23 of the Act because, according to them, such power could be exercised by the Tribunal under the Code of Criminal Procedure, 1973 only for the purpose of securing implementation of an order for maintenance awarded to a senior citizen and not in any other event.

3. The petitioners, thereafter allege factually that they had no notice of the proceedings before the Maintenance Tribunal and it was therefore, that they had not appeared before it; but that, even without adverting to this, the Tribunal had issued an arrest warrant, a copy of which has































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