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Offence – Section 24 of Senior Citizens Act, 2007 – Abandonment of father

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It was alleged that on 30.11.2016, the petitioner had put his father in a taxi and sent to Thirvananthapuram, when he was not able to take care of himself and suffering from old age diseases.   The complaint for abandonment of father and offence was filed by the daughter and sister of the petitioner.

Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides for offence and punishment upto three months or fine upto Rs.5,000/-, if senior citizen is wholly abandoned by a person who is bound to take care of the senior citizen / parent.

The term “abandoning” requires total neglect, absolute and complete abandonment.   The word “wholly” means “entirely, completely, fully, totally and in every respect”.  

Thus, unless there is a total and complete abandonment of the parent by leaving him in a place without any arrangement for taking care of parent, it cannot be said that the offence is committed.   Transportation of a parent between the children could be for various purposes and even based on an understanding arrived at either between children or between the parent and the child.

Judgment dated 10.6.2024 of the High Court of Kerala in CRL.MC.No.1262 of 2024 of Dr.Pramod John Vs.  State of Kerala

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