Lawstreet Journal

Maintenance Tribunals Empowered To Issue Orders To Ensure Senior Citizens Can Access Their Earnings: The Kerala High Court

Lawstreet Journal 5 Apr 2022 12:55am

Image courtesy: Lawstreet Journal Judiciary Maintenance Tribunals Empowered To Issue Orders To Ensure Senior Citizens Can Access Their Earnings: The Kerala High Court

It was held by the Court that the power of the Maintenance Tribunal under the Senior Citizens Act, 2007 is not restricted to mere ordering of monthly allowance but also to ensure maintenance from own earnings to lead a dignified life.

Recently, it was held by the Kerala High Court that the Maintenance Tribunals under the Senior Citizens Act have the jurisdiction to issue directions to the children or relatives of senior citizens to not deprive them of their earnings [Leelamma Eapen Vs The District Magistrate, Kottayam]

It was observed by the Justice Murali Purushothaman that the power of the tribunal is not restricted merely to ordering monthly allowance but also to ensure access to their own earnings so that the elderly could maintain themselves.

The Court in its judgement said, “The power of the Maintenance Tribunal under the Senior Citizens Act is not circumscribed to mere ordering of monthly allowance for maintenance of senior citizen where the relative or children neglect or refuses to maintain the senior citizen or parent, but to ensure maintenance from own earnings to lead a dignified life. The Senior Citizens Act is intended to ensure that senior citizens are not left destitute, or at the mercy of their children or relatives."

It was stated by the Court that the tribunal is empowered to issue orders to ensure that senior citizens are not obstructed from maintaining themselves from their own earnings to lead a dignified life.

The Judgement states, “The Maintenance Tribunal, on the application of the parent under Section… Continue Reading...


Tagged: Senior Citizens   kerala high court  
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