IMPORTANT POINTS
When an application seeking enforcement of the order of maintenance ordered is filed and if it is shown that the children or relative as the case may be has, without sufficient cause, failed to comply with the order, it is the duty of the Tribunal to see that payments are secured and the amount is paid to the parent and senior citizen. The only obligation placed on the parent or senior citizen is to present an application within three months from the date on which the amount becomes due.

JUDGMENT :

1. Appalled by the failure of the Maintenance Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the ‘Act’ for short) to enforce an order passed by the Tribunal, the petitioner, a parent and senior citizen, has approached this Court seeking directions.

2. It is evident from the records produced by the petitioner that Ext.P1 order was passed by the Tribunal on 03.10.2019, ordering the respondents 2 and 3, who are his children, to pay a sum of Rs. 2,500/- each per mensem towards maintenance. They were required to deposit the amount in the account maintained by the petitioner in the Punjab National Bank Perinthalmanna on or before the 5th of every month. Exts.P2 to P4 reveals in no uncertain terms that he had approached the Tribunal seeking enforcement of the orders within one month of the passing of the order. He laments that despite his best efforts, the Tribunal has failed to initiate any steps to execute the order and secure financial support for him. It is in the above backdrop that the petitioner has approached this Court seeking directions.

3. In view of the limited nature of the relief sought, notice to the party respondents are dispensed with.

4. The main grievance of the petitioner is that not even a paise has come into his account though the order granting maintenance was passed on 3.10.2019. His request for enforcement has also not yielded any result. On a perusal of the records, it appears that the 1st respondent has not acted with alacrity to ensure that the fruits of the order passed by him reached the petitioner.

5. Act 56 of 2007 and the Rules framed thereunder provides for the manner in which the orders for maintenance are to be enforced:

“Section 5 of the Act reads thus:-

5. Application for Maintenance:-

(1) An application for maintenance under section 4, may be made:-

(a) by a senior citizen or a parent, as the case may be.

(b) if he is incapable, by any other person or organisation authorised by him.

(c) the Tribunal may take cognizance suo-motu.

Explanation - For the purposes of this section “organisation” means any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or any other law for the time being in force.

(2) The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

(3) On receipt of an application for maintenance under sub-section (1) after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance.

(4) An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person: Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

(5) An application for maintenance under sub-section (1) may be filled against one or more persons:

Provided that such children or relative may implead the other person liable to maintain parent in the application for maintenance.

(6) Where a maintenance order was made against more than one person, the death of one of them does not affect the liability of others to continue paying maintenance.

(7) Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the order or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the case may be.

(8) If, children or relative so ordered fail, without sufficient cause to comply with the orde