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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Aleykutty Varkey – Appellant
Versus
Appellate Tribunal Under The Maintenance And Welfare Of Parents And Senior Citizens Act – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for maintenance and the tribunal's orders. (Para 1 , 1 , 2) |
| 2. responses and appearances regarding the case. (Para 4 , 6) |
| 3. arguments regarding appeal maintainability under the act. (Para 7 , 8) |
| 4. court's jurisdiction regarding appeals by children. (Para 9) |
| 5. final order regarding the tribunal's jurisdiction. (Para 10) |
JUDGMENT :
SHOBA ANNAMMA EAPEN, J.
1. This writ petition is filed seeking the following prayers;
“i) call for the records leading to the issuance of the original of Exhibit P-3 and set aside it by issuing a writ of certiorari or other appropriate writ, order or direction;
ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to ensure strict implementation of the directions in Exhibit P-1;”
2. The petitioner, a nonagenarian, had filed a petition before the second respondent-Maintenance Tribunal, claiming maintenance from her two sons and a daughter, who are respondents 3 to 5 herein. However, no amount was claimed against the younger daughter, Smt.Sherly Felix, as she is taking care of the petitioner. The Tribunal, after considering the petition filed by the petitioner, passed Ext.P1 or
Petitioners in maintenance disputes under the Act lack appeal rights contrary to common law; tribunals must consider all objections.
Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act allows any affected party to prefer an appeal, as interpreted by the court based on the Punjab & Haryana High Court's judg....
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows any aggrieved party, not just senior citizens or parents, to appeal decisions, as inferred from purposive interpretation of....
The right to appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is exclusive to senior citizens and parents, excluding others like children or relatives.
Senior citizens must exhaust statutory remedies before judicial intervention under the Maintenance and Welfare of Parents and Senior Citizens Act.
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