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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JANU – Appellant
Versus
THE DISTRICT COLLECTOR, KOZHIKODE – Respondent
| Table of Content |
|---|
| 1. senior citizen petition challenging settlement deed based on lack of basic needs provision. (Para 1 , 2) |
| 2. respondent's defense emphasizing the civil nature of dispute with financial contributions detailed. (Para 3 , 4) |
| 3. court discusses legal interpretations regarding basic needs in settlement deeds. (Para 5 , 6 , 7) |
| 4. suggestion for financial compensation to petitioner as care option. (Para 8) |
| 5. final disposal of the writ petition with directives. (Para 9) |
JUDGMENT
This writ petition is filed by an 87-year-old senior citizen, seeking to set aside Exts.P3 and P4 orders and also to cancel the settlement deed dated 11.03.2013 of the Sub Registrar Office, Westhill, and to restore the ownership of the property to the petitioner under Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act , 2007 (for short, “the Act”).
2. The petitioner, alleging that the third respondent/son failed to provide her basic needs and left her in distress, approached the Maintenance Tribunal by filing Ext.P2 petition, seeking for cancellation of the settlement deed and for restoration of her property. The tribunal, after considering the issue, dismissed Ext.P2 pe
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