Maintenance Tribunal's Enquiry Process Is Inquisitorial Than Adversarial : Kerala HC [Read Judgment]

Since the pleadings of the first respondent (senior citizen) stated that the deed was fraudulently obtained by undue influence and coercion, the petitioner contended that it was a civil dispute. And hence it was submitted by the petitioner that this dispute can be resolved only by a Civil Court and not by a Maintenance Tribunal under the Senior Citizen Act, 2007.

The Single Bench examined the nature of power and procedure to be followed by the Maintenance Tribunal under the Senior Citizen Act, 2007. The court by looking at legislative object of the enactment said that, "traditional norms and values of the Indian society emphasizes on the duty of taking care of elders. In traditional Indian society, duties of children towards one's parent were considered as a debt owed to them...These religious values are universal values acknowledged and encompassed in all civilized society or class.

In the modern era, due to urbanisation and vast expansion in search for livelihood, parents have been treated as a liability because of their old age and physical infirmities."

The court opined that the parliament enacted the Senior Citizens Act to uphold the dignity and respect of a senior citizen at the time of old age. And that State had serious concern about the challenges faced by the people in their old age. While saying that the scope of an enquiry by a Tribunal or authority will have to be considered, the court also said that Section 7 of the Senior Citizen Act refers to the Constitution of Maintenance Tribunal and Section 5 refers to the application for maintenance which can be filed by a senior citizen or a parent or any organization authorised by him if he is incapable. The court also added that the tribunal also has the power to initiate suo motu action.

"Section 23 gives power to the Tribunal to declare transfer of deed as void in certain circumstances referred therein. It states that after the commencement of the enactment, transfer of property of a senior citizen by way of gift or otherwise, is subject to the condition that transferor would be provided basic amenity and physical needs and that if the transferee refused to provide basic amenities and physical needs, thereafter, the Tribunal can declare such deed as void invoking power under Section 23", remarked the court.

The court also contended that, the legislative background and object of conferring power on the Tribunal clearly demands that enquiry as regard to the enactment is similar to the process adopted in an inquisitorial system and therefore the duty vested upon the Tribunal under the Senior Citizen Act is to evoke the truth. The court further added that, the Tribunal has to independently enquire into the truth and take measures to protect the well being of senior citizen/parent.

While dismissing the writ petition, the court said that the matter requires reconsideration by the Maintenance Tribunal and was remitted back by setting aside the impugned order by the Tribunal.

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