While a specific lump-sum payment order may be set aside upon compliance, the legal obligation to provide monthly maintenance to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, persists.

W.P(MD)No.7928 of 2022

PRAYER :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue of Writ Certiorari or any other writ or direction in the nature of writ , calling for the records relating with the impugned order in Na.Ka.No.4114/2021/A2, dated 18.03.2022, passed by the 2nd respondent and quash the same as it is arbitrary and illegal.

For Petitioner : Mr.Suriya Narayanan
For R1 to R3 : Mr.M.Mahaboob Athiff, Counsel for State
For R4 : Mr.K.Ilayaraja

O R D E R

Aggrieved by the proceedings dated 18.03.2022 passed by the second respondent, whereby the petitioner was directed to pay a sum of Rs.2 lakhs to the fourth respondent, the petitioner has filed the present writ petition challenging the said order.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the son-in-law of the fourth respondent. The fourth respondent executed an irrevocable Settlement Deed in favour of the petitioner in respect of the subject property. Subsequently, the fourth respondent lodged a complaint before the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking cancellation of the Settlement Deed. The second respondent, by the impugned proceedings dated 18.03.2022, directed the petitioner to pay a sum of Rs.2,00,000/- towards the medical expenses of the fourth respondent, failing which the Settlement Deed would be cancelled. The learned counsel would further submit that the petitioner has complied with the said direction by paying a sum of Rs.2,00,000/- to the fourth respondent through Demand Draft No.976079 dated 26.04.2022.

3. Taking note of the submission made by the learned counsel for the petitioner that the petitioner has, without prejudice to his rights and contentions, complied with the impugned proceedings by paying a sum of Rs.2,00,000/- to the fourth respondent through Demand Draft No.976079 dated 26.04.2022, this Court is inclined to set aside the impugned proceedings dated 18.03.2022. However, considering the relationship between the parties and the obligation of the petitioner to maintain the fourth respondent, this Court directs the petitioner to pay a sum of Rs.3,000/- per month towards maintenance to the fourth respondent, on or before the 7th day of every English calendar month. If the petitioner commits default in payment of the monthly maintenance, it is open to the fourth respondent to work out his remedy before the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in accordance with law.

4. Accordingly, the proceedings dated 18.03.2022 passed by the second respondent is set aside. The writ petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.