Sr citizens neglected due to withering family system jt:HC | Nagpur News
A divisional bench comprising Justices Mahesh Sonak and Pushpa Ganediwala ruled that maintenance courts dealing with grievances of elderly people against their families could void properties given to their children, if the latter failed to take care of them in accordance with the maintenance and welfare of parents and the elderly. Citizens Act, 2007.
At the hearing of a plea filed by a 77-year-old pensioner from the city against his wife, two sons and daughter for neglecting him, the judges said: “Aging has become a major social challenge and it is necessary to pay more attention to the care and protection of the elderly.
“As a result, many older people, especially widowed women, are now forced to spend their last years alone. They are exposed to emotional neglect and lack of physical and financial support. Although parents can claim maintenance under the Code of Criminal Procedure 1973, the process is both time consuming and costly. Therefore, there is a need for simple, inexpensive and quick arrangements for claiming child support from parents,” they said.
The applicant had challenged the court’s verdict which had refused him maintenance for his children as well as his request for the cancellation of the deed of gift of August 1, 2019, made in favor of his wife and children.
Citing the Maintenance and Welfare of Parents and Elderly Persons Act 2007, the court said it was enacted to provide more effective provisions for the maintenance and welfare of parents and elderly. elderly guaranteed and recognized by the Constitution and for matters related or incidental thereto.
“The statement of objects and reasons refers to how the traditional norms and values of Indian society have emphasized the provision of care for the elderly.”
Emphasizing that the applicant has an alternative and effective remedy by way of appeal to the Court of Appeal, the judges declared that the statement of objects and reasons accompanying the bill, which finally became the said law in 2007, proposed to impose an obligation on people who inherit the property of their elderly parents to maintain them and also proposes to make provisions for the creation of retirement homes intended to ensure the maintenance of indigent elderly people.
“The statement of purposes and motives also refers to the provision of better medical facilities for the elderly and provisions for the protection of their life and property. Further reference is made to an appropriate mechanism to be put in place to ensure the maintenance of parents and the elderly according to need, better medical facilities, institutionalization of an appropriate mechanism for the protection of the life, property of the elderly and the establishment of a pension scheme houses in each district, “said the judges, before referring the case to lawyer Sumant Deopujari to resolve the family dispute through mediation. .