The duty of a son to care for his old aged parents, regardless of land transfers, and the importance of providing maintenance to senior citizens under the 2007 Act.

JUDGMENT :

(Vikas Bahl, J. ) :

1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the orders dated 22.08.2023 (Annexure P-1) and 05.12.2022 (Annexure P-2) passed by respondent Nos.1 and 2 respectively under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as “the 2007 Act”), whereby respondent No.2 has directed the petitioner to deposit Rs.5000/- per month as maintenance and respondent No.1 has dismissed the appeal filed from the same.

2. Brief facts of the present case are that respondent No.3 who is a senior citizen and father of the petitioner had filed an application before the Maintenance Tribunal under the 2007 Act with the averments that respondent No.3 had transferred the land measuring 6 kanals 5 marlas situated in Village Toorbanjara, Tehsil Dirba, District Sangrur in favour of the petitioner. It was further stated that the petitioner had stopped taking care of his father as well as his ailing mother and used to harass and beat respondent No.3 as well as his wife. It was further averred that respondent No.3 and his wife were old and were not able to meet their expenses of life and thus, necessary relief under Section 23 of the 2007 Act be provided to them. Notice was issued by the Maintenance Tribunal to the present petitioner who appeared before the Maintenance Tribunal and sought adjournments on 27.10.2022 and on 07.11.2022 for filing reply as has been recorded in the order dated 05.12.2022 (Annexure P-2) but thereafter, petitioner did not come to the Court and did not file any reply and thus, pleas which were raised by respondent No.3 were not disputed or rebutted. The Maintenance Tribunal had partly allowed the case vide order dated 05.12.2022 and awarded an amount of Rs.5000/- per month as maintenance to respondent No.3 and directed the petitioner to deposit the same in the bank account of respondent No.3, by 10th of every month, which was mentioned in the order dated 05.12.2022. The said order was passed while exercising the powers under Section 5(2) of the 2007 Act and the Maintenance Tribunal had observed that on seeing respondent No.3, the Tribunal was of the opinion that respondent No.3 was very old aged person and had further observed that neither respondent No.3 could look after himself nor he could do any work in order to earn his livelihood. The said view taken was a very lenient view inasmuch as the transfer deed with respect to transfer of land measuring 6 kanals 5 marlas in favour of the petitioner was not cancelled. The petitioner thereafter filed an appeal before the Appellate Tribunal and the Appellate Tribunal vide order dated 22.08.2023 (Annexure P-1) dismissed the said appeal. A perusal of the said order would show that apart from the fact that the appeal was filed after much delay, learned counsel for the petitioner had initially appeared and thereafter in spite of specific directions, did not argue the matter on 10.08.2023 and also on 22.08.2023 whereas respondent No.3 appeared on each and every date. Left with no other alternative, the Appellate Tribunal had decided the appeal in the absence of the petitioner and observed that non-appearance of the petitioner, after having filed the appeal, showed that the petitioner had filed the appeal only to harass respondent No.3 who was very old aged person and could not look after himself nor was able to do work in order to earn his livelihood. The petitioner aggrieved with the said two orders, has filed the present writ petition.

3. Learned counsel for the petitioner has raised two pleas to challenge the impugned orders. It is submitted that respondent No.3 had transferred land measuring 9 marlas in the name of Gursewak Singh who is his grandson on 27.05.2020. It is also submitted that the petitioner had also transferred land measuring 11 marlas in the name of respondent No.3 on 06.11.201