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2020 Supreme(Online)(Ker) 52714

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K VINOD CHANDRAN, J
Smt. Parvathi Menon – Appellant
Versus
Sri. P.B. Krishnan – Respondent


Advocates:
For the Appellants/Petitioners: Smt. Parvathi Menon
For the Respondents: Sri. P.B. Krishnan

Table of Content
1. interpretation of the maintenance act (Para 1)
2. arguments regarding the condition for transfer (Para 2 , 4 , 11 , 12)
3. court's observations on conflicting decisions (Para 3 , 5 , 7 , 8 , 9 , 10 , 19)
4. ratio concerning the legislative intent and interpretation (Para 6 , 14 , 15 , 16 , 17 , 26)
5. context of the powers and limitations of the tribunal (Para 21 , 22 , 23 , 24)
6. conclusion on express conditions for property transfer (Para 35 , 52)

Vinod Chandran, J.

“Children begin by loving their parents; as they grow older they judge them; sometimes they forgive them”.

[Oscar Wilde]

Only sometimes; but that is no reason to stop loving them, refuse to care for them and alienate them, is the principle on which the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [for brevity 'the Act'] has been interpreted in majority of the decisions of this Court and some other High Courts. Certain Benches trode a different path to find that the statute though inspired by traditional values, all the same has to be interpreted strictly and there could be no question of unrequited love raised; to bring in drastic consequences to the rights on property gifted or settled

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