Petitioners challenge Ext.P5 an order passed by the Revenue Divisional Officer under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007. By the impugned order, the parents were directed to be paid Rs.5,000/- each by the petitioner. 2. Petitioners submit that they were not given proper opportunity to defend the matter. That apart, the 3rd respondent had been excluded from payment of maintenance amount to the parents. The 3rd respondent is the brother of the 1st petitioner and he also has an obligation to maintain the parents.
3. The learned counsel appearing for the 3rd respondent would say that the matter was enquired into by the Revenue Divisional Officer in accordance with the procedure prescribed. The parents have given a statement stating that they require maintenance only from the daughter. That apart it is contended W.P.(C).No. 29225 Of 2012
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that the 3rd respondent was abandoned by the parents and therefore he has no obligation to maintain them as well. All the wealth of the parents were given to the 1st petitioner, therefore, she alone had the obligation to maintain the parents.
3. The learned counsel for respondents 1 and 2 however would submit that despite the order being passed, so far no amounts were paid and the 1st petitioner is under the obligation to pay the entire amount from the date of application that is on 9.4.2012.
4. Having regard to the fact that the petitioners have a case that they did not get proper opportunity to defend the matter, and perusal of Ext.P5 does not show that under what circumstances the 3rd respondent had been excluded from payment of any amount to the parents, I am of the view that the reconsideration of the matter is required, but only on condition that the 1st petitioner pays the entire amount as on date to the respondents 1 and 2 within a period of 15 days. Under the said circumstances, this writ petition is disposed of as under:
Ext.P5 is set aside on following conditions:
W.P.(C).No. 29225 Of 2012
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i) 1st petitioner shall pay the entire amount directed to be paid by the Tribunal i.e. Rs.10,000/- per month to respondents 1 and 2 from the date of filing application i.e. 9.4.2012, by way of separate demand drafts and to receive acknowledgment from them or their counsel.
ii) This amount shall be paid within 15 days.
iii) Petitioners shall file necessary memo with the receipt of payment of aforesaid amount before the Tribunal within two weeks from the said date of payment and on receipt of the said receipt the 4th respondent shall reconsider the application in accordance with the procedure prescribed after notice to all affected parties.
iv) If the petitioners fail to effect payment as aforesaid, Ext.P5 shall remain in force.
Sd/- A.M.SHAFFIQUE, JUDGE jm/ // True Copy // P.A. To Judge