The obligation of children to maintain parents and the conditions under which a transfer of property can be declared void under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the Order dated 29.07.2022 passed by the 1st respondent herein in Na.Ka.No.637/A4/2022 and quash the same.)

The order dated 29.07.2022 passed by the District Collector under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is under challenge in the present writ petition.

2. The petitioner states that the 4th respondent Mr.Sambasivam is his and 5th respondent''s grand father. The 4th respondent had executed a settlement deed in favour of the petitioner in respect of the property to an extent of 9.58 ½ acres. A settlement deed made in favour of the petitioner was challenged by the 4th respondent under the provisions of the Senior Citizen Act. The Revenue Divisional Officer conducted an enquiry and passed an order in proceedings dated 23.05.2022 stating that a civil suit was instituted between the family members in O.S.No.33 of 2022 and therefore, the parties were granted liberty to resolve the issues before the Civil Court of Law.

3. The settlement deed executed in favour of the petitioner and the 5th respondent was under challenge under the Senior Citizen Act.

4. The 5th respondent also participated in the enquiry before the Revenue Divisional Officer. Since the Revenue Divisional Officer relegated the parties to approach the Civil Court of Law, the 4th respondent preferred an appeal before the District Collector. The District Collector conducted an enquiry and considered the statement of the petitioner as well as the respondents 4 and 5. The findings of the District Collector states that the petitioner and the 5th respondent are not maintaining the 4th respondent even after the settlement of the property. That apart, the 4th respondent is not residing with the petitioner as of now.

5. The learned counsel for the petitioner states that the petitioner never refused to provide maintenance to the 4th respondent and therefore, the cancellation of the Settlement deed made by the District Collector is perverse.

6. The District Collector considered the mitigating circumstances and also plight of the Senior citizen after settling a larger extent of his properties in favour of the petitioner and the 5th respondent, who are his grand sons.

7. This Court considered the purpose and object of the Senior Citizen Act, wherein, the statement of objects and reasons for the enactment was considered by the Parliament as under:

“Traditional norms and values of the Indian society laid stress on providing care for the elderly. However, due to withering of the Joint family system a large number of elderly are not being looked after by their family. Consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support. This clearly reveals that ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons. Though the parents can claim maintenance under the Code of Criminal procedure, 1973, the procedure is both time-consuming as well as expensive. Hence, there is a need to have simple inexpensive and speedy provisions to claim maintenance for parents.”?

8. Let us consider the spirit of the Act, with reference to the purpose and object sought to be achieved.

9. Section 2(b) defines “Maintenance” includes provision for food, clothing, residence and medical attendance and treatment. Section 2(f) defines “Property” means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property. Section 2(k) defines “Welfare” means provision for food, health care, recreation centres and other amenities necessary for the senior citizens. Section 3 provides Act to have overriding