Transferee Bound To Provide Support To Senior Citizen Under The Senior Citizens Act, 2007

  • Added By :Tarun Thakur
  • Category : Maintenance Law
  • Article Id : 2238
  • Added On : 22/01/2020
  • Views : 56

The Kerala High Court on 10.10.2019 remanded a matter to the appellant authority under The Maintenance and Welfare of Parents and And Senior Citizens Act, 2007 on the ground of the appeal having been heard by the District Magistrate for some portion of it instead of the Collector who was the actual appellant authority under said Act. However, the learned Advocate for the appellant, daughter of respondent no. 1 raised an interesting point before the Hon’ble court that the matter cannot be tried by the authorities under the Act, as the respondent no. 1, the father (transferee) in her pleadings in the application under s. 23 of the Act for declaring the application as void alleges the gift deed made by her to the applicant as having been made by undue influence and coercion which according to him was not a dispute meant to be resolved by the authorities under the Act. As per him, it is the civil court which would have jurisdiction to try the dispute in such a case and not the authorities under the Act. Disagreeing with the learned advocate the Hon’ble Court remanded the matter to appellant authority under the Act. The court looked at the legislative object of the Act. The court examined the duty of children to maintain their parents under various ancient Hindu texts such as the Kurma Purana, Manusmriti, Quran, etc. The court noticed that due to urbanization and vast expansion in search of livelihood, parents have been treated as a liability because of their old age and physical infirmities. The court noticed that the tribunal has been conferred with such powers and authority in the light of the fact that, it may not be practically possible to conduct an inquiry to protect the well being of a citizen in a system of formal adjudication. The court opined that the legislative background and object of conferring power on the tribunal clearly demands that inquiry, as contemplated under the Act, is similar to the process adopted in an inquisitorial system. In that the pleadings in the application under s. 23 of the Act are nor decisive and the tribunal can address the grievance of the senior citizens.