HC quashes 2 maintenance cases under sr citizens act
The high court of Bombay at Goa quashed and set aside two cases under the Maintenance and Welfare of Senior Citizens Act. The cases were subsequently remanded back to maintenance tribunals at the deputy collector level, with a direction that they appoint a conciliation officer to mediate a settlement between the parents and their children.
Until the cases are resolved, the HC directed the sons in both cases to continue paying monthly maintenance of Rs 10,000 to their parents.
In the first case, a 49-year-old son from Panaji went to the HC challenging the order of the maintenance tribunal that directed him to vacate his parents' home within six months and pay them Rs 10,000 per month as maintenance.
In the second case, an only son approached the HC challenging the order delivered by the maintenance tribunal that directed him to pay his father Rs 10,000 per month, and restricting him and his wife from interfering with the cultivation of his father's agricultural fields in Bicholim.
Justice Valmiki Menezes held that no inquiry was conducted by the maintenance tribunals in both cases and that the orders were passed without referring the parties to a conciliation officer to attempt to mediate a solution to the disputes.
The HC directed that conciliation officers under the act be appointed in both cases to attempt to mediate between the parties. If conciliation fails, the maintenance tribunal shall proceed to conduct an inquiry into the matter, if necessary, record evidence, and pass its order, the court held.
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