LI Network
Published on: December 10, 2023 at 00:50 IST
In a recent ruling, the Kerala High Court has underscored that senior citizens have the right to enjoy the company and presence of their siblings and close relatives, as long as they express the desire for it.
The court’s directive came in response to a petition filed by a son aggrieved by the Tribunal’s order, which mandated relocating his senior citizen mother to his aunt’s residence.
Justice Devan Ramachandran noted the expressed concerns of both the son and the sister of the senior citizen, emphasizing their shared goal of ensuring her well-being.
The court deemed it necessary for the Tribunal to conduct additional inquiries, taking into account the son’s submission that he was providing all necessary facilities to his mother.
The court, while quashing the contested order, directed the Maintenance Tribunal to conduct further inquiries, stressing that senior citizens may desire the company or presence of their loved ones, including siblings and close relatives, not limited to their children.
The court’s statement included, “As long as the senior citizen wants such company or presence, no one would be authorized to deny the same to her, particularly that of her siblings and close relatives.” The court acknowledged the report of the Social Justice Officer, recommending regular meetings for the senior citizen.
In this case, the senior citizen mother had been residing with her son based on a prior order from the Tribunal. The son’s aunt contested this order, alleging inadequate care by the son.
The Tribunal, acting under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ordered the son to relinquish custody of his mother to his aunt. Dissatisfied with this decision, the son approached the High Court.
The court acknowledged multiple orders by the Tribunal allowing the sister to visit the senior citizen residing with the son. It also considered the Social Justice Officer’s report, stressing the importance of the company of siblings and other loved ones for the mental well-being of senior citizens.
“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,” the Court stated.
Accordingly, the Court set aside the contested order and directed the Tribunal to conduct further inquiry. It affirmed that the respondent sister can approach the Tribunal at any time to seek visitation rights with the senior citizen sister living with her son.
Citation: 2023 LiveLaw (Ker) 717
Case Title: Jagadesh Ramachandran v The Maintenance Tribunal, Thiruvananthapuram
