Unwarranted order under senior citizen act
Thiru Nagendran
(Querist) 16 October 2022
This query is : Resolved
My Father has the Title and enjoying income of around 60 acres of land.
I am un employed now and struggling even for my own expenses. I have filed partition suit against my father.
My father has filed a case under Maintenance and Welfare of Parents and Senior Citizens Act.
He has filed this case counter to my partition suit.
RDO court has issued maintenance order without considering the above facts.
Actually he is a local politician and got this order by influencing Revenue department.
My appeal is pending before collector, But my father got arrest warrant from RDO saying that i should obey the RDO order untill appeal is disposed off.
Now police is searching me with warrant.
Even the high court admitted only my writ but didn't give stay for RDO order.
Seems they feel morally, They admitted the writ only after knowing about my partition suit.
There is a conspiracy to freeze my other legal activities by arresting me, A third person with political backround is trying to buy our properties.
he is the person who is working behind the scenes.
How can i pay the money when i am struggling even for my own expenses, I feel this is as gross violation of human rights.
Looking forward for expert's advise..
kavksatyanarayana
(Expert) 16 October 2022
Under the Senior Citizen Act, you have to follow the orders issued. You may put forth your counter stating your problems and your father's income with evidence. And whether the property is your father's self-acquired or ancestral. If the property is self-acquired, you have no right over it.
Consult a local lawyer.
Dr J C Vashista
(Expert) 18 October 2022
You have already engaged / paid an able, competent and intelligent lawyer to defend / proceed, who is well aware about facts and circumstances of the case(s), you should follow his/her advise without waiting for a miraculous obligation of experts on this platform.
T. Kalaiselvan, Advocate
(Expert) 20 October 2022
If the children or relatives fail to obey the orders of the Tribunal, the Tribunal may levy fines and may sentence such persons for the whole or any part of each month's allowance for the maintenance and expenses of the Senior Citizens or order imprisonment for a term which may extend to one month or until payment is made.
You say that they are trying to freeze your other legal activities, what are they and how is that going to affect you from paying the maintenance amount.
Have you produced the assets and the income through the assets that are being drawn by your father in the high court writ petition?
