Table of Content
1. challenge to maintenance order based on claimant's financial status. (Para 1 , 2 , 3)
2. maintenance dependency requirement and judicial review of tribunal findings. (Para 4 , 5 , 6)

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition has been filed by the children of the 2nd respondent herein, seeking to challenge Ext.P1 order issued by the 1st respondent herein. The 2nd respondent instituted an application seeking maintenance from the petitioners herein. By the impugned order at Ext.P1, the 1st respondent made reference to the enquiry conducted in the matter and directed the petitioners to pay the amounts directed therein into the account of the 2nd respondent herein. It is seeking to challenge the afore order that the petitioners herein, who are the children of the 2nd respondent, have filed the captioned writ petition.

2. Smt.Aiswarya K.S., representing Sri.Ajmal A., the learned counsel for the petitioners would contend that the impugned order has been issued in total disregard to the provisions under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’. She would make extensive reference to the averments in the writ petition, counter affidavit filed by the 2nd respondent, and the reply affidavit filed by the petitioners to contend that the 2nd respondent had his own source of income, as is clear from Exts.P2 sale deed and P3 photographs and Ext.P4 visiting card.

3. Sri.Anandan Pillai, the learned counsel for the 2nd respondent on the other hand would contend that the 2nd respondent has no source of income, and hence the impugned findings in Ext.P1 order does not require any interference.

4. The provisions of Section 4 of the Act reads as follows;

“4. Maintenance of Parents and Senior Citizens:- (1). A senior citizen including parent who is unable to maintain himself from his own earning or property owned by him, shall be entitled to make an application under section 5 in case of -

i. parent or grand-parent, against one or more of his children not being a minor

ii. a childless senior citizen, against such of his relative referred to in clause (g) of section 2.

(2). The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.

(3). The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.

(4). Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:

Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.”

A reading of the afore provisions would show that the senior citizen/parent is entitled for maintenance only in a situation where “he is unable to maintain himself from his own earnings or out of the property owned by him”. A reading of the order at Ext.P1 would show that the petitioners had specifically pointed out that the 2nd respondent had four houses from which he was earning income. However, this issue has not been considered or answered by the 1st respondent while passing the impugned order at Ext.P1. Coupled with this, this Court notices that the petitioners have made the following averments in the writ petition:-

“2. The 2nd Respondent is an engineering graduate and financially independent, owns considerable immovable properties including a three storied residential-cum-commercial building at E

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