Case Note & Summary
This writ petition was filed before the High Court of Bombay at Goa, challenging an order of the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petitioner, the son of the first respondent, was directed by the Tribunal to pay monthly maintenance of Rs.10,000 to his mother. The main ground of challenge was that the Tribunal passed the order without holding an inquiry as required under Section 6(4) of the Act and without providing any reasoning. Pending the petition, the High Court directed the petitioner to continue paying the maintenance amount and the petitioner deposited arrears of Rs.1,30,000. The matter was finally heard and disposed of on 9 June 2025 after hearing both sides. The judgment text provided does not include the court's final decision, reasoning, or ratio decidendi; only the initial procedural posture and the petitioner's contentions are recorded.
Issue of Consideration
Whether the Maintenance Tribunal's order directing payment of maintenance was passed without holding an inquiry as required under Section 6(4) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and without giving reasons.
Case Details
2025 LawText (BOM) (06) 115
Writ Petition No. 219 of 2025
Mr. Deepak Gaonkar (for the Petitioner), Mr. Sahil Sardesai (for the Respondents)
Mr. Santosh Savlaram Morajkar
1. Mrs. Sumitra Savlaram Moraskar, 2. Mr. Nandakishore Savlaram Moraskar
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Nature of Litigation
Writ petition under Article 226/227 of the Constitution of India challenging an order of the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Remedy Sought
Petitioner seeks quashing of the Tribunal's order dated 12.10.2023 directing him to pay maintenance of Rs.10,000 per month to his mother.
Filing Reason
The Tribunal's order was passed without holding an inquiry as required under Section 6(4) of the Act and without giving reasons.
Previous Decisions
The Maintenance Tribunal by order dated 12.10.2023 directed the petitioner to pay monthly maintenance. The High Court on 03.07.2024 directed the petitioner to continue paying maintenance during pendency of the writ petition, and the petitioner deposited arrears of Rs.1,30,000.
Issues
Whether the impugned order of the Maintenance Tribunal is valid when passed without holding an inquiry under Section 6(4) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and without reasons.
Submissions/Arguments
Petitioner contended that the Tribunal passed the order without holding an inquiry as required under Section 6(4) of the Act and without any reasoning, and that the procedure under the Act and Rules was not followed.
Judgment Excerpts
the Maintenance Tribunal ... had directed the Petitioner, who is the son of the Respondent No.1 to pay a monthly maintenance of Rs. 10,000/- (Rupees Ten Thousand only) to his mother (Respondent No.1).
The main contention of the Petitioner is that the Tribunal has passed the impugned order without holding any inquiry contemplated under Sub Section 4 of Section 6 of the Act and there is no reasoning whatsoever in the order to sustain the direction...
Procedural History
The petitioner challenged the Maintenance Tribunal's order dated 12.10.2023 in this writ petition. Pending hearing, the High Court directed continued payment of maintenance and the petitioner deposited arrears. The matter was finally heard on 09.06.2025.
Acts & Sections
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Section 5, Section 6(4)
