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Kochi : The high court has dismissed a petition filed by an 82-year-old grandmother from Ernakulam seeking maintenance from her daughter-in-law and grandchild, who is studying abroad with the help of an education loan, observing that such relief cannot be expected. She had earlier approached the maintenance tribunal, but it declined her request, noting that she had already been paid one-third of the benefits, amounting to Rs 12 lakh, payable to the deceased, excluding the PF portion. Despite an appeal before the district collector, which was also rejected, she approached the HC seeking a directive to the daughter-in-law and grandchild to pay Rs 15,000 per month as maintenance.
The petitioner, a pension-drawing senior citizen who retired from the fisheries department, approached the court seeking maintenance from her daughter-in-law and grandchild, as her son had died while serving as a senior superintendent with the KSEB.
The single bench noticed that the daughter-in-law was not covered by the provisions of Section 2(a) of the Maintenance and Welfare of Parents and Senior Citizens Act, which specify the persons bound to provide maintenance. The grandchild, however, would come under the provision. The bench noted that, in the instant case, she was pursuing her studies after obtaining credit facilities from a bank. the court also rejected that claim, noting that the petitioner herself was a service pensioner Although the petitioner claimed a share in the family pension received by the respondents.