Senior Citizens Cannot Be Denied Company, Particularly Of Siblings & Close Relatives: Kerala High Court Tells Maintenance Tribunal
The Kerala High Court recently observed that senior citizens cannot be denied the company and presence of siblings and close relatives, as long as they desire it. The petitioner's son was aggrieved by the order of the Maintenance Tribunal that directed the senior citizen mother to be relocated to his aunt's (mother's sister) house.Justice Devan Ramachandran noted that both the son as well as...
The Kerala High Court recently observed that senior citizens cannot be denied the company and presence of siblings and close relatives, as long as they desire it.
The petitioner's son was aggrieved by the order of the Maintenance Tribunal that directed the senior citizen mother to be relocated to his aunt's (mother's sister) house.
Justice Devan Ramachandran noted that both the son as well as the sister of the senior citizen were expressing their concern and wanted to ensure her well-being. It thus noted that more inquiries were required to be conducted by the Maintenance Tribunal since the son submitted before the Court that he was providing all facilities to his mother.
While quashing the impugned order, the Court directed the Maintenace Tribunal conduct more inquiries, keeping in mind that senior citizens may desire the company or presence of their loved ones like siblings, close relatives and not just their children.
“ That said, there is one aspect that this Court also intends to say adscititiously, namely, that as long as the senior citizen wants such company or presence, no one would be authorised to deny the same to her, particularly that of her siblings and close relatives. The report of the Social Justice Officer speaks on this and it recommends that she be offered the pleasure of such meetings on a regular basis. This shall also be kept in mind by the Maintenance Tribunal, when further orders are issued.”
In this case, the senior citizen mother was residing with the petitioner-son based on an earlier order from the Maintenance Tribunal. This order was challenged by his aunt (mother's sister) alleging that the son was not taking care of the mother. The Maintenance Tribunal constituted under the constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ordered the son to give custody of his mother to his aunt. Aggrieved by this order, the son has approached the High Court.
The Counsel for the son submitted that he was taking care of his mother properly and was providing her with all medical facilities such as a full-time caretaker.
On the other hand, the respondent-aunt submitted that the son had confined his mother and she was in a deplorable condition. It was also argued that the Maintenance Tribunal issued the order based on the report of the Social Justice Officer that the mother was not looked after well. The respondent also contended that she only wants to take care of her sister due to love and does not expect anything in return.
Amicus Curiae, Advocate Ramkumar Nambiar submitted before the Court that senior citizens require not just the love of their son, but also required company of their loved ones such as siblings and close relatives.
The Court noted that there were several orders issued by the Maintenance Tribunal permitting the sister to visit the senior citizen who was with the son.The Court took note of the report of the Social Justice Officer that stated the senior citizen should be permitted to seek the company of her siblings and be provided with c chances to interact with them. It noted that the company of siblings, grandchildren and other loved ones were imperative for the mental well-being of the senior citizen.
“I do not propose to speak on the merits of the contentions of the rival parties, or even on the contents of the report of the Social Justice Officer afore extracted; but find it necessary to remind everyone involved that it is the life of the senior citizen we are now involved with. Internecine egos or disputes cannot be allowed to cast any adverse reflection on her dignity or self respect, notwithstanding the fact that she is suffering from dementia. This does not require to be expatiated because the petitioner is her son, who normally ought to be more concerned about this; while the second respondent is her sister, who says that her only intent is to make sure that she lives well for the rest of her life.”, the Court stated.
Accordingly, the Court set aside the impugned order and directed the Maintenance Tribunal to conduct further enquiry. It also held that the respondent sister can approach the Maintenance Tribunal at any time to seek visitation rights with the senior citizen sister who was living with her son.
Counsel for the Petitioner: Senior Counsel Nandakumar instructed by Advocate Pooja Menon
Counsel for the respondents: Government Pleader P S Appu
Citation: 2023 LiveLaw (Ker) 717
Case title: Jagadesh Ramachandran v The Maintenance Tribunal, Thiruvananthapuram
Case number: WP(C) NO. 13607 OF 2023