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HC Suggests Changes in Legislation on Maintaining Parents

August 15, 2014 by Admin Leave a Comment

  • Central and State government has received a warning by the Madras High Court Bench 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
  • A writ petition against Kanyakumari Collector’s order to pay maintenance to his 72 year old father, Justice S.Nagamuthu suggested wide changes and told that the retired judges should look into the petitions preferred by senior citizens
  • Many a times High Court had no options but to keep aside orders passed in favor 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
  • Retired officers could be engaged to head tribunals as per the Act, in the RDO offices in every district and former district judges could perform the function of an appellate tribunal at the Collectrorates
  • The act required examination of witnesses, evidence and resolving complicated questions of law before passing an order and the judge said the parties must be allowed to represent their advocates
  • Creating separate Tribunals is to simplify the process and make the provision inexpensive and easy for the senior citizens, most RDO’s and District collectors are not trained but are aware of administration
  • Further Justice Nagamuthu opined “I apprehend that these legally untrained officials may not effectively function as the tribunals so as to accomplish the object of the Act,”
  • Read at: http://www.thehindu.com/todays-paper/hc-suggests-changes-in-legislation-on-maintaining-parents/article6320190.ece

Filed Under: Current Affairs, National

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