Senior Citizens Entitled To Choose Their Companion: Kerala High Court
The Kerala High Court held that senior citizens have the right to choose their companions.
A Writ Petition was filed by the son of a senior citizen challenging the order of the Maintenance Tribunal whereby the senior citizen (woman) was allowed to stay with her sister.
The Court emphasized that even though the woman has dementia, her dignity and self-respect should not be tarnished by internal conflicts or disputes. The Court also noted that since the woman desires to stay with her sister, no one is authorised to deny the same to her.
“That said, there is one aspect that this Court also intends to say adscititiously, namely, that as long as the senior citizen wants such company or presence, no one would be authorised to deny the same to her, particularly that of her siblings and close relatives”, the Bench of Justice Devan Ramachandran observed.
Advocate M Gopikrishnan Nambiar approached the Petitioner and Government Pleader PS Appu appeared for the Respondent.
The Petitioner, the son of the senior citizen, challenged the order of the Maintenance Tribunal. The Tribunal, empowered under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act), directed the senior citizen to stay with her sister (Second Respondent) and relocate immediately. The Petitioner contended that the order is based on the unwarranted assumption that he did not take care of his mother, despite complying with a previous order. He argued that his client has provided all necessary facilities to his mother, including a full-time caretaker.
The Court emphasized that the focus should be on the life of the senior citizen. The Court noted that internal conflicts or disputes should not compromise her dignity or self-respect, especially considering her condition with dementia. The Court observed the need for everyone involved, including the Petitioner (her son) and the Second Respondent (her sister), to prioritize the well-being of the senior citizen over any personal disputes.
Furthermore, the Court noted that as long as the senior citizen desires the company of her siblings and close relatives, no one should deny her that right. The report of the Social Justice Officer recommended regular meetings, a factor to be considered by the Maintenance Tribunal in future orders.
Accordingly, the Court allowed the Writ Petition and set aside the directions of the Maintenance Tribunal.
Cause Title: Jagadesh Ramachandran v The Maintenance Tribunal (2023/KER/74827)
