HC quashes tribunal order, asks why only one son made to pay mother’s maintenance

Panaji: The high court of Bombay at Goa quashed and set aside an order of the senior citizens maintenance tribunal, which directed a son to pay a monthly maintenance of Rs 10,000 to his senior citizen mother.
The high court found that the senior’s three daughters were not made parties in the proceedings before the tribunal at Mapusa and remanded the matter back to it for fresh consideration. The court directed that the procedure be undertaken, making the three daughters parties to the case.
The high court found that the procedures laid down in the Maintenance and Welfare of Senior Citizens Act and rules were not followed. The maintenance order did not state how it arrived at the conclusion that only one son was responsible for paying the entire maintenance despite the senior having five children—two sons and three daughters, Justice Valmiki Menezes observed.
The order also did not state on what basis the tribunal concluded that maintenance required to be paid by one son was quantified at Rs 10,000. The high court stated that no inquiry was conducted by the tribunal in the presence of the children and that the daughters were not even summoned.
“There appears to have been a complete go-by given to the procedures laid down under Sections 5 and 6 of the Act,” the high court stated.
The petition was filed by advocate Deepak Gaonkar, representing the son. Sahil Sardesai, appointed under the Legal Aid Scheme, represented the mother and the other son.