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Judgment
Sathish Ninan, J.
Order declining to consider the claim of the petitioner made before the Maintenance Tribunal in terms of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007(hereinafter referred to as 'the Act'), as affirmed by the Appellate Tribunal, is under challenge in this Writ Petition.
The petitioner is the father of the 3rd and 4th respondents. The petitioner approached the Maintenance Tribunal in an application filed under Section 23 of the Act against the 3rd respondent herein alleging that, though an amount of D 6 Lakhs was given to him on condition that the petitioner and his wife would be taken care of, the said condition is violated by the respondent. Therefore, the petitioner sought order from the Maintenance Tribunal in terms of Section 23 of the Act for return of the amount. The Maintenance Tribunal declined to consider the claim noticing it to be of a civil nature. The same view was entertained by the Appellate Tribunal.
This Court in Maroli Santha v. Revenue Divisional Officer, Thalassery and Another (2018(2) KHC 160) has held that, if money is transferred by the senior citizen on condition that the transferee would provide basic amenities and physical needs to the transferor, and the condition is violated, it would attract Section 23 of the Act. In the light of the above, the Maintenance Tribunal is to consider the petition on merits with due notice to the parties and pass appropriate orders.
Accordingly Exts P4 and P6 orders are quashed. The Tribunal shall pass fresh orders on the application, with due notice to the parties.
Writ Petition is allowed as above.