Kerala High Court held that Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act can be invoked even if there hasn’t been any condition precedent in transfer deeds providing for maintenance.
Justice Mustaque ruled that the said Act is not meant for the purposes of dispute resolution but to secure the interests and welfare of Senior Citizens and Parents. The judge took into consideration several holy religious scriptures which emphasized that the norms and values of Indian society have always been to take care of elders, parents and senior citizens.
Justice further observed showing his discontent with the treatment of parents as a liability due to increasing globalization, urbanization and expansion in search of livelihood.
The court also further explained the difference between the adversarial legal system and inquisitorial legal system and emphasized that the said legislation comes on the front of inquisitorial legal system.
The court relied on the judgment of Radhamani & Ors. v. State of Kerala (2016 (1) KHC 9) where it was held that there is no requirement in law for there to be an express written condition or stipulation in a deed for the transferee to maintain the transferor.