Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 23—Power of Tribunal—Breach of obligation to maintain parent/senior citizen—Maintenance Tribunal, will be within its power to ensure that the property is secured and available for the needs and requirements of parent/senior citizen—This could be done by a restraint order or an order evicting the person i.e child/children or relative from the property of a parent/senior citizen, where there has been a breach of the obligation to maintain the parent/senior citizen—This of course, will be with a view to ensure well being, maintenance and protection of Senior Citizen or Parent—Appropriate protective orders including but not limited, injunctions, restraint orders and or eviction orders, would be incidental and a necessity to the enforcement of the right to maintenance and protection in its real and true sense.
[Paras 25 & 28]
Section 24—Abandonment of senior citizen—Despite being financially able and employed, and residing in his mother’s house, the third respondent has neglected to look after and take care of his ailing mother/patient—Third respondent has refused to take discharge of his mother from the hospital (second petitioner)—Prima facie, it appears that third respondent has neglected and abandoned his mother, on the frivolous grounds of medical negligence and for seeking a second opinion—Conduct of third respondent is not that of prudent person in as much as, if he has a grievance about the line of treatment rendered, he can seek discharge and admit his mother in a hospital of his choice and comfort and then take appropriate action against second petitioner—Third respondent, has clearly acted in breach of his pious duties and obligations of taking care of his ailing mother—Such conduct and attitude of third respondent lends credence to the apprehension, that third respondent has abandoned his mother and does not want to take care of her—Third respondent appears to have raised various allegations of medical negligence only to avoid making payments of outstanding bills to second petitioner—Conduct of the third respondent towards his mother is unpardonable—Case of abandonment is made out against the third respondent.
[Paras 21 & 22]
Statutes
Interpreting Social/Welfare Legislation—In interpreting and construing a welfare, social or beneficial legislation one should endevour to adopt and accept an interpretation which furthers the aims and objects of the said welfare legislation—A liberal, elastic and broad interpretation is at all times preferable if it furthers the purpose and object of the welfare, social or beneficial legislation.
Held : The object of the Maintenance and Welfare of Parents and Senior Citizens Act is to make more effective the rights of maintenance and welfare of parents and senior citizens as guaranteed and recognized by the Constitution of India and matter connected or incidental thereto. This is a welfare and beneficial legislation. To further the objects of the Welfare Act and to ensure effective and complete use and compliances of the provisions of the Act, the provisions thereof ought to be read together and jointly and in a liberal manner to the benefit of the maintenance, welfare, well being and protections of the rights of the parents and senior citizens.
[Para 11]