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2022 Supreme(Ker) 239

MURALI PURUSHOTHAMAN
Leelamma Eapen – Appellant
Versus
District Magistrate, Kottayam Collectorate – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. K.M. Varghese, Adv.
For the Respondent: Ms. Bea Mary Benny, Sri. C.N. Prabhakaran, GP

JUDGMENT :

“To care for those who once cared for us is one of the highest honours”.- Tia Walker.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'Senior Citizens Act') provides for the maintenance and welfare of parents and senior citizens guaranteed and recognized under Article 41 of the Constitution of India. The Senior Citizens Act casts obligation on the relative or children to maintain a senior citizen or a parent who is unable to maintain himself/herself, to lead a normal life. The right to life under Article 21 of the Constitution includes right to live with human dignity. The object of Senior Citizens Act is to maintain parents and senior citizens to lead a life with dignity.

2. If the parent is able to maintain herself from her own earnings, but the son has obstructed the parent to have access to her earnings, can the Maintenance Tribunal constituted under the Senior Citizens Act direct the son not to obstruct the parent from taking the earnings and to create a peaceful living atmosphere for her in the residence? Enforceability of such an order of the Maintenance Tribunal is the issue involved in this writ petition.

3. The petit

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