High Court Rejects Son's Plea Against Monthly Maintenance to Widow mother; Levies Extreme Fine
Justice Jasgurpreet after hearing the case, called it a "classic example of Kalyug" and directed the petitioner to pay a cost of Rs 50,000
HC Rejects Son's Plea Against Monthly Maintenance to Widow mother; Levies Extreme Fine latest news: A son's petition against a spare monthly maintence of Rs 5,000 for his 77 year old-widowed mother has been rejected by Punjab and Haryana High Court. Justice Jasgurpreet Singh Puri, after hearing the case, called it a "classic example of Kalyug" and directed the petitioner to pay a cost of Rs 50,000 for presenting a "meritless" petition that "shocked the conscience of the court".
The case delays from a previous order of the Principal Judge of the Family Court, whereby he ordered the petitioner and his brother's widow (his sister-in-law) each to pay Rs 5,000 a month towards the upkeep of their old mother.
This was done following the revelation that the old widow had been neglected by her sons and was forced to live with her married daughter.
Although he inherited half of his deceased father's 50-bigha farming land, the son wanted to appeal against the maintenance order. The court observed that the half of the land had passed on to the children of his late brother. Nevertheless, the old mother was left with no means of sustenance and was dependent on her daughter for livelihood.
This decision is a strong reminder of the natural obligations children owe their elderly parents, especially when the parents are rendered helpless and destitute of any means. The court's imposition of a fine on the petitioner not only reaffirms the importance of maintaining family obligations but also indicates the judiciary's adherence to safeguarding the rights and dignity of aged citizens.
Justice Puri was strong in his stand, pointing out that the petitioner had no moral or legal grounds to withhold his aging mother, who has no earnings and is supported by her daughter, maintenance. He stated that the son got half of the property of his father and should therefore take care of his mother.
He had no hesitation in condemning the son's behavior, terming the incident a "classic example of Kalyug" and stating that it had grievously shocked the court.
Justice Puri emphasized that there was no disagreement regarding the mother-son relationship, and the son's move to challenge the maintenance order was a misuse of the judicial process.
The court also noted that the maintenance of Rs 5,000 was already very minimal and was shocked at the son's objection to even this meager amount. They regretted that a son who had gained from his father's property would sue his own mother for such small amount.
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