The Karnataka High Court dismissed an appeal filed u/s 4 of the Karnataka High Court Act, praying to allow the instant writ appeal and thereby set aside the impugned order dated 10/08/2021 passed in a writ petition and consequently allow the writ petition and grant all consequential benefits, in the interest of justice and equity. The Court observed that in societies with aging populations, it becomes imperative to adjust to the increasing number of elderly individuals who possess a diverse range of functional capacities.
Brief Facts:
This intra-Court appeal seeks to lay a challenge to a learned Single Judge’s order dated 10.09.2021 whereby appellants’ W.P.No.8108/2021 (GM-RES) has been negatived. In the said writ petition, they had called in question the order dated 24.02.2021 passed by the 2nd respondent –Assistant Commissioner as the Ex-Officio Tribunal under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 whereby the Gift Deed dated 28.02.2018 has been set at naught.
Contentions of the Appellants:
The Learned Counsel for the Appellants submitted that his clients have been looking after both the parents and that now one parent viz., the father has passed away. He also submits that a lot of money has been spent by the appellants for the hospitalization of the father when alive and therefore there was absolutely no justification whatsoever for the invalidation of the subject gift deed by the Assistant Commissioner. This aspect having not been properly appreciated by the learned Single Judge, the impugned order is liable to be set aside and the writ petition needs to be allowed by restoring the Gift Deed.
Contentions of the Respondents:
The Learned Counsel for the Respondents submitted that the learned Single Judge has crisply stated the reasons for denying relief to the appellants i.e., their assaulting the parents and ill-treating them during the evening of their life. The writ jurisdiction constitutionally vested in this Court therefore cannot be tapped by the children who abuse the parents
Observations of the Court:
The Court observed that Law, religion, and morality impose an obligation on the children to look after their parents at least during the evening of their life. This obligation becomes more vigorous when the children have taken the property of the parents by way of a Gift. The liability to look after the aged father and mother is not a matter of charity, but a statutory obligation. Several socio-welfare legislations more particularly, the 2007 Act mandate inter alia that children respect and look after their aged parents.
The Court noted that this is a case wherein the parents are not only not looked after, but were manhandled, that too by the children who have taken the gift of parents’ property. In societies with aging populations, it becomes imperative to adjust to the increasing number of elderly individuals who possess a diverse range of functional capacities.
The decision of the Court:
The Karnataka High Court, dismissing the appeal, held that the writ appeal is devoid of merits.
Case Title: Kavitha R & Anr. v. State of Karnataka & Ors.
Coram: Hon’ble Justice Prasanna B. Varale and Hon’ble Justice Krishna S Dixit
Case no.: WRIT APPEAL NO. 488 OF 2023 (GM-RES)
Advocate for the Appellant: Mr. Lakshmikanth K.
Advocate for the Respondent: Mr. Prince Issac
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