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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B.SNEHALATHA
Umayira K. – Appellant
Versus
K.Assya, W/o. Late Pocker Haji – Respondent
| Table of Content |
|---|
| 1. appeals relate to senior citizen maintenance orders. (Para 1 , 2 , 3) |
| 2. challenge to liability allocation among siblings. (Para 4) |
| 3. court reviews responses and orders. (Para 5 , 6 , 7) |
| 4. assessment of senior citizen's care requirements. (Para 8 , 9 , 10 , 11) |
| 5. clarification of liability under the maintenance act. (Para 12) |
JUDGMENT :
Devan Ramachandran
These two appeals are against the judgment of the learned Single Judge of this Court in WP(C)No.25900/2021 and 18573/2021.
2. The appellants are the writ petitioners in the afore petitions and they filed them challenging the order of the Maintenance Tribunal, dated 05.08.2021, constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to “Act” for short).
3. Admittedly, the impugned order relates to the welfare of the senior citizen - Smt.K.Assya, who is 75 years in age; and the appellants, along with one of their siblings, have been directed to pay her Rs.10,000/- per month each as monthly maintenance.
4. The appellants challenge the order on the ground that even though they have been mulcted with the liability as afore, the Tribunal has left the 4th
A senior citizen's maintenance may require contributions from multiple siblings, and maximum allowance stated in law does not restrict total liability when siblings are financially able.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 permits monthly maintenance up to ₹10,000, not lump-sum compensation, ensuring due process for senior citizens' welfare.
Providing residence to a senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act is distinct from maintenance, and the Tribunal has jurisdiction to order such provision.
Right to get maintenance includes right to residence.
The main legal point established in the judgment is that the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has all the trappings of a civ....
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