2024:BHC-OS:3943 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 980 OF 2023 Ms. Nisha Nitin Koppikar ...PETITIONER V/S.

1. The State of Maharashtra

2. The Hon’ble District Collector, Constituted under the Maintenance & Welfare of Parents and Senior Citizen Act, 2007

3. Mr. Nitin Krishnamohan Koppikar

4. Ms. Nirmala Nitin Koppikar ...RESPONDENTS WITH WRIT PETITION NO. 985 OF 2023 Mr. Nikhil Nitin Koppikar ...PETITIONER V/S.

1. The State of Maharashtra

2. The Ho’ble District Collector, Constituted under the Maintenance & Welfare of Parents and Senior Citizen Act, 2007

3. Mr. Nitin Krishnamohan Koppikar

4. Ms. Nirmala Nitin Koppikar ...RESPONDENTS _________

Mr. Wajid Shaikh with Mr. Ronit Jadhav, for Petitioner in WP No.

980 of 2023.

Mr. Ronit Jadhav for Petitioner in WP No. 985 of 2023 Mr. A.P. Vanarse, AGP for State-Respondent Nos.1 and 2 in WP-980 of 2023.

Mr. Manish Upadhye, AGP with Ms. Uma Palsuledesai, AGP for State-Respondent Nos.1 and 2 in WP-985-2023.

Dr. Uday Prakash Warunjikar with Mr. Jenish Jain for Respondent Nos.3 and 4 in both Petitions through Legal Aid.

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CORAM : SANDEEP V. MARNE, J.

Reserved On : 27 February 2024.

Pronounced On : 8 March 2024.

JUDGMENT :

1) Rule. Rule is made returnable forthwith. With the consent of the parties, Writ Petitions are taken up for final hearing and disposal. 2) By these petitions, Petitioners have challenged the Order dated 12 October 2022 passed by the Maintenance Tribunal constituted under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Senior Citizens Act). The Maintenance Tribunal has directed two sons-Nikhil and Sanjeev to pay Rs.10,000/- each and daughter-Nisha to pay Rs.6,000/- towards maintenance to the Senior Citizens. The present petitions are filed only by one of the sons-Nikhil (WP No. 985/2023) and daughter-Nisha (WP No. 980/2023). The other son-Sanjeev has not challenged the order of the Maintenance Tribunal.

3) Respondent No.3-Nitin Krishana Koppikar is Petitioners’ father and Respondent No.4-Nirmala Nitin Koppikar is their mother. The parents have three children-Nikhil, Sanjeev and Nisha. The age of the senior citizens is about 73 and 74 years respectively and they claim that they do not have any source of income to maintain themselves. Several allegations were made by the parents against two Petitioners-Nikhil and Nisha about cause of harassment and torture, filing of cases under the Domestic Violence Act, lodging of police complaints etc. The senior citizens alleged that Petitioners have repeatedly fought with their parents, abused and asked them to vacate the house. With these broad complaints, the senior citizens filed application before the Maintenance Tribunal.

4) In the proceedings before the Maintenance Tribunal, the other son-Sanjeev Koppikar appeared and filed reply expressing his concern about the parents. He pleaded that he is making efforts to maintain the senior citizens, but the Petitioners herein do not look after the parents though they are earning well.

5) Petitioners appeared before the Maintenance Tribunal and filed their reply levelling various allegations against the parents. Both alleged that the father has disposed of various properties succeeded through their grandmother and has pocketed the money out of the sale proceedings. Reliance was placed on the Consent Terms filed in Suit No. 829 of 1990. Petitioner-Nisha also alleged that she is helping the family to repay several loans availed by father and the other brother-Sanjeev.

6) After considering the rival contentions raised by the parties, the Maintenance Tribunal has proceeded to pass Order dated 12 October 2022 directing both sons-Nikhil and Sanjeev to pay amount of Rs.10,000/- each and daughter-Nisha to pay amount of Rs.6,000/- to the senior citizens towards maintenance and medical expenses. Son-Nikhil and daughter-Nisha are aggrieved by the Order of the Maintenance Tribunal and have filed the present peti