Children have a moral and legal duty to support and care for aging parents, as reinforced by the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act.

JUDGMENT

Order of the Maintenance Tribunal dated 07.03.2022 has been assailed by the son, daughter and Smt.Girija (wife) of the 3rd respondent, the petitioner therein. One Sri.Vasukkuttan Nair - 3rd respondent preferred a petition under the Provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 05.10.2021. Report of the Village Officer, Vattappara was submitted on 08.11.2021 and after conducting hearing other parties, Maintenance Tribunal ordered the son to pay a sum of Rs.4,000/- as maintenance and further directed not to create any hindrance in continuing the stay of respondent No.3 in the house and provide food, dress, residence etc.

2. The case set up by respondent No.3 was that he is aged 64 years and doing coolie work; and had educated petitioner Nos.1 and 2, in marriage given to daughter 25 sovereigns of gold ornaments and also assigned 5 cents of property which was in his name. Petitioner No.1 son is working as a signal man at Banglore and his wife is a nurse. Both petitioners 1 and 3 have jointly threatening and influencing to assign the property in their name which was in possession and enjoyment. Accordingly, vide settlement deed No.311/2013, constructed a house having 2500 square feet. Both daughter- in-law and son/petitioners 2 and 3 had been physically harassing the respondent No.3 for five years and was shunted out on 18.06.2021. With the intervention of the local people and police he was again put into the house and it is in this background, made a prayer for cancellation of the document and for maintenance.

3. Learned counsel appearing on behalf of the petitioners submitted that no doubt out of 4 Ares in re-survey No.27/23 in Block 34 in the name of 3rd respondent, an area measuring 01.42 Ares was assigned in the name of petitioner No.1 Aneesh Kumar - son and 2.58 Ares in favour of daughter - petitioner No.2 and the 3rd respondent was residing in the house assigned in the name of son. Between the petitioners and the 3rd respondent, there are many case pending in Vattappara Police Station. Petitioners could not appear on two dates but on 07.03.2022 appeared and given oral statement. The 3rd respondent suffered a statement that he was staying in the house mentioned in the petition and his daughter and wife are staying along with his son at Banglore and he has no job. Not only the son but his wife also had turned inimical, the case is pending before the Family Court. Also that he is suffering from physical ailments and taking medicine and because of the threats extended, is loosing his peace and suffering a lot. His wife suffered a statement that she was willing to live as a wife though she was with her son for five months in connection with the treatment and ready to withdraw their complaints. The son also suffered a statement that he was ready to lookafter the father and mother.

4. Once the petitioners have suffered a statement that they will not send father out of the house and willing to support him the amount of compensation of Rs.4000/- which is a very paltry amount, it is the moral duty of the son to take care of the father who is a godly figure as the son had come into the world only because of his father and the mother. He should not side with any of the parents in respect of any feud between the two and should support both.

I do not find any illegality in the order of the Tribunal ordering Maintenance. The writ petition sans merit accordingly dismissed.