Badusha @ Shameer vs Revenue Divisional Officer
2023 Latest Caselaw 6299 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                      WP(C) NO. 5004 OF 2014
PETITIONER:

         BADUSHA @ SHAMEER
         IJAS MANZIL, KAKKOTTUKUZHY, KARINKADA,
         CHULLIMANOOR.
         BY ADVS.
         SRI.LATHEESH SEBASTIAN
         SRI.M.FATHAHUDEEN

RESPONDENTS:

    1    REVENUE DIVISIONAL OFFICER
         THIRUVANANTHAPURAM, AS THE TRIBUNAL UNDER THE
         MAINTENANCE AND WELFARE OF PARENTS AND SENIOR
         CITIZENS ACT 2007, 695 001.
    2    SABEENA BEEVI
         SEBEENA MANZIL, ROADARIKATH VEEDU, CHITTAR,
         THEVIYODU, VITHURA, THIRUVANANTHAPURAM 695 551.
    3    JASEELA BEEVI
         SEBEENA MANZIL, ROADARIKATH VEEDU, CHITTAR,
         THEVIYODU, VITHURA, THIRUVANANTHAPURAM 695 551.
         BY ADVS.
         GOVERNMENT PLEADER

OTHER PRESENT:

          GP - BIMAL K.NATH


    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 12.06.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.5004 of 2014               :2:




                          VIJU ABRAHAM, J.
         --    -- -- -- -- -- -- -- -- -- -- -- --
                      W.P.(C). No.5004 of 2014
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                  Dated this the 12th day of June, 2023

                                   JUDGMENT

The petitioner has approached this Court challenging Ext.P1

order, wherein the 1st respondent Tribunal, under the

Maintenance and Welfare of Parents and Senior Citizens Act,

2007, has issued an order directing the petitioner to pay an

amount of Rs.2,000/- per month as maintenance to the 2 nd

respondent and not to disturb the peaceful living of the 2 nd

respondent.

2. The petitioner is the son of the 2 nd respondent. The

specific case of the petitioner is that the 2 nd respondent is

remarried and residing with one Sainudeen in Nedumangad and

that she filed the petition under the Act claiming maintenance

from the petitioner suppressing material facts. The petitioner has

also a specific contention that the 2 nd respondent owns landed

property of 15 cents in Vithura village and another property

having an extent of 7.5 cents in the same village as is evident

from Exts.P2 and P3. The petitioner submits that the 2 nd

respondent is now residing in the house building situated in the

property of 30.5 cents which is settled by her in favour of the

petitioner as per Ext.P4 settlement deed No.1787/08 of SRO

Vithura. The petitioner also submits that he is an auto rickshaw

driver and during 2001, he met with an accident and thereby he

sustained hip fracture and dislocation. He has undergone a

surgery for the same and that he cannot do any hard work due to

that accident.

3. The direction of the Tribunal in Ext.P1 is only to pay an

amount of Rs.2,000/- to the 2 nd respondent, who is the mother of

the petitioner. On the specific assertion made by the petitioner

that the 2nd respondent is remarried, this Court has sought for

instructions through the Government Pleader regarding the

present stage of affairs and it is reported that the 2 nd respondent,

after the death of her husband Alikhan, was residing along with

one Sainudeen and from 2010 onwards, she is living alone in her

house and that none of her children are taking any steps to

provide maintenance to her and that she has at present not

remarried.

4. Taking into consideration the fact that the order passed

by the Tribunal is only for payment of Rs.2,000/- per month to the

2nd respondent, who is the mother of the petitioner and also the

present instruction that the 2nd respondent is now residing alone

and none of her children are taking care of her, I find no reason

to interfere with Ext.P1.

The writ petition is accordingly dismissed.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 5004/2014

PETITIONER EXHIBITS P1:-A TRUE COPY OF THE ORDER OF THE IST RESPONDENT DTD 23/11/2013 P2:-A TRUE COPY OF THE TAX RECEIPT DTD 14/9/2011 P3:-TRUE COPY OF THE TAX RECEIPT DTD 14/9/2011 P4:-TRUE COPY OF THE SAID SETTLEMENT DEED P5:-TRUE COPY OF THE MC NO 246/13 OF FAMILY COUIRT, NEDUMANGAD P6:-TRUE COPY OF THE MEDICAL CERTIFICATE DTD 19/7/2006 ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM