This Writ Petition is filed challenging Exts.P3 and P4 orders passed under Sec.5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. By the impugned orders, petitioner has been directed to pay `1,500/- per month to the second respondent as maintenance.
2. It is found that the petitioner has received ancestral property. It is also found that the petitioner is not providing any maintenance to the second respondent. I do not find any infirmity with the finding of fact in Ext.P3 order. Petitioner was ordered only to pay `1,500/- per month. Petitioner's grievance is that the first respondent has not made any enquiry and the second respondent failed to substantiate the claim that she is incapable of maintaining herself. This Court which exercising the power under Art.226 of the Constitution is not expected to assess the evidence as though in an appeal arising from the order. There is no procedural irregularity to vitiate the order.
Therefore there is no merit in the challenge, accordingly dismissed. No costs.
Sbna/01/11/14 Sd/-
A.MUHAMED MUSTAQUE, JUDGE.