Madras High Court
A.Mubarak Basha vs Allah Bakash on 11 February, 2015
Author: S.Manikumar
Bench: S.Manikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.02.2015 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR CRL.R.C.No.104 of 2015 and M.P.No.1 of 2015 A.Mubarak Basha ... Petitioner vs. 1.Allah Bakash 2.Subaida Begum ... Respondents PRAYER: Criminal Revision Case filed under Sections 397 and 401 of Criminal Procedure Code to set aside the order dated 08.12.2014 in MC No.4 of 2012 on the file of the learned Chief Judicial Magistrate, Villupuram. For Petitioner : Mr.N.A.Nizzar Ahmed JUDGMENT
Going through the impugned Judgment, this Court does not find any prima facie case, warranting interference. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has been enacted with an object to provide for more effective provisions for the maintenance and welfare of parents and senior guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto. Statement of Objects and Reasons are as follows:
Traditional norms and values of the Indian Society laid stress on providing care for the elderly. However, due to withering of the joint family system, a large number of elderly are not being looked after by their family. Consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support. This clearly reveals that ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons. Though the parents can claim maintenance under the Code of Criminal Procedure, 1973, the procedure is both time-consuming as well as expensive. Hence, there is a need to have simple, inexpensive and speedy provisions to claim maintenance for parents.
2.The Bill proposes to cast an obligation on the persons who inherit the property of their aged relatives to maintain such aged relatives and also proposes to make provisions for setting-up oldage homes for providing maintenance to the indigent older persons.
The Bill further proposes to provide better medical facilities to the senior citizens and provisions for protection of their life and property.
3.The Bill, therefore, proposes to provide for:-
(a)appropriate mechanism to be set up to provide need-based maintenance to the parents and senior citizens;
(b)providing better medical facilities to senior citizens;
(c)for institutionalization of a suitable mechanism for protection of life and property of older persons;
(d)setting up of oldage homes in every district.
4.The Bill seeks to achieve the above objectives.
2.The petitioner is stated to be an Engineer, working in a I.T.Company, at Bangalore. Evidence adduced has been properly analyzed to arrive at a conclusion that there is a failure to maintain his parents, stated to be aged about 65 and 58 years respectively. Failure to provide maintenance to the parents, is apparent on the face of the record. Considering the avocation of the petitioner, legal and moral obligation, cost of living inflation price index and other factors to provide even the basic amenities of food, shelter and in particular, health care and protection, Rs.4,000/- each, fixed as maintenance to the parents is not excessive. During the course of hearing, the reason assigned by the learned counsel for the petitioner that as the marriage of the petitioner was against the will of the parents, in order to harass the petitioner, claim has been made. This Court is not inclined to accept the contention. Even taking it for granted that the parents were not happy, as the marriage was solemnized against their, that cannot be a reason for not maintaining them.
3.Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, reads as follows:
4.Maintenance of parents and senior citizens :(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of
(i) parent or grand-parent, against one or more of his children not being a minor;
(ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2.
(2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.
(3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.
(4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:
Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.
4.Section 9 of the Act, reads as follows:
9.Order for maintenance:(1)If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to time, direct.
(2) The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand rupees per month.
5.Section 11 of the Act, deals with enforcement of the order of maintenance and the same is as follows:
11. Enforcement of order of maintenance : (1) A copy or the order of maintenance and including the order regarding expenses of proceedings, as the case may be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, in whose favour it is made and such order may be enforced by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
(2) A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be executed in the manner prescribed for the execution of such order by that Code.
6.Section 13 of the Act, reads as follows:
13. Deposit of maintenance amount : When an order is made under this Chapter, the children or relative who is required to pay any amount in terms of such order shall, within thirty days of the date of announcing the order by the Tribunal, deposit the entire amount ordered in such manner as the Tribunal may direct.
7.Section 14 of the Act empowers the Court even to award interest and the same is extracted hereunder:
14. Award of interest where any claim is allowed : Where any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition to the amount of maintenance, simple interest shall also be paid at such rate and from such date not earlier than the date of making the application as may be determined by the Tribunal which shall not be less than five per cent, and not more than eighteen per cent.:
Provided that where any application for maintenance under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) is pending before a Court at the commencement of this Act, then the Court shall allow the withdrawal of such application on the request of the parent and such parent shall be entitled to file an application for maintenance before the Tribunal.
8.In the light of the above discussion, there is no merit in the revision petition. Maintenance has not been paid so far from the inception of proceedings. Therefore, the petitioner is directed to pay the arrears of maintenance of Rs.2,96,000/-, within a period of three weeks, from today. The petitioner is directed to continue to pay monthly maintenance at the abovesaid rate, to the parents on or before the 5th day of English Calender month.
9.Considering the request of the learned counsel for the petitioner that an attempt may be made to settle the dispute amicably. Registry is directed to place the Revision before the Mediation and Conciliation Centre, High Court, Chennai, on 11.03.2015. However, it is made clear that if the arrears of maintenance of Rs.2,96,000/- is not paid, within a period of three weeks, from today, the matter need not be placed before the Mediation and Conciliation Centre, High Court, Chennai, and shall be listed before this Court. Learned counsel is permitted to take private notice.
11.02.2015 Index : Yes/No Internet : Yes/No mps To
1.The Chief Judicial Magistrate, Villupuram.
2.The Public Prosecutor, High Court of Madras, Chennai.
S.MANIKUMAR, J, mps CRL.R.C.No.104 of 2015 and M.P.No.1 of 2015 11.02.2015