Madras HC suggests changes in legislation on maintaining parents

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Proceedings under the Act required examination of witnesses, appreciation of evidence and resolving complicated questions of law before passing any order.

The Madras High Court Bench here has warned the Central and the State governments of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, turning into another non-beneficial legislation if legally trained minds are not allowed to deal with complaints received under it.

Allowing a writ petition filed by an oil merchant against Kanyakumari Collector’s order to pay maintenance to his 72-year-old father, Justice S. Nagamuthu suggested sweeping changes to the legislation and opined that retired district judges should be engaged to enquire into petitions preferred by senior citizens.

The judge said he had come across many instances of the High Court having no option but to set aside orders passed in favour of the aged just because the tribunals headed by Revenue Divisional Officers (RDO) and appellate tribunals headed by Collectors had not dealt with their petitions in accordance with law.

He suggested that retired judicial officers could be engaged to head tribunals, as prescribed under the Act, in the RDO offices in every district and former district judges could be asked to perform the functions of an appellate tribunal at the Collectorates.

Pointing out that the proceedings under the Act required examination of witnesses, appreciation of evidence and resolving complicated questions of law before passing any order, the judge said the parties must be allowed to be represented by their advocates before the tribunals.

“The very purpose of the Act in creating separate tribunals is to simplify the procedure and to make the provision inexpensive and easy for the senior citizens. But, in practice, I should say, the tribunals constituted at present in the State will only add to their agonies.

“In most of the places, the RDO as well as District Collectors are not legally trained. They are trained mainly in administration. I apprehend that these legally untrained officials may not effectively function as the tribunals so as to accomplish the object of the Act,” Mr. Justice Nagamuthu observed.

In the present case, he pointed out various legal infirmities and set aside orders passed by Padmanabhapuram RDO and Kanyakumari Collector directing the writ petitioner to pay monthly maintenance of Rs.3,000 besides handing over the stock in the oil mill to his father since they were doing the business jointly since 1997.