LI Network
Published on: 22 July 2023 at 11:50 IST
The Karnataka High Court refused the plea of two sons seeking a reduction in the maintenance amount they were ordered to pay to support their aged and ailing mother. The court stated that we are currently living in times when the cost of basic necessities has surpassed the value of money, making it challenging for people to make ends meet. The two petitioners had been directed to pay ₹10,000 as maintenance to their 84-year-old mother under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, they claimed that this amount was beyond their means.
Justice Krishna S Dixit, who presided over the case, acknowledged that in today’s economic climate, ₹10,000 was inadequate even for basic survival. He expressed concern that the amount was even lower than what could be considered a ‘living wage’ for an unskilled worker. Despite this, the court refrained from further increasing the maintenance amount, as the mother had not made such a request.
The court lamented the unfortunate trend of young individuals failing to care for their elderly and sick parents, calling it an unsettling development. Justice Dixit highlighted that both the law and Hindu religious texts mandate that sons should care for their parents, especially aged mothers.
According to Hindu scriptures, neglecting and causing suffering to elderly parents when they are weak and dependent is considered a grave and unforgivable act. Justice Dixit emphasized that the sons in this case did not have any health issues that would prevent them from fulfilling their responsibility towards their mother.
The court also dismissed a request to relocate the mother from her daughters’ residence to her sons’ home instead of receiving maintenance. It asserted that there is no law that forces unwilling parents to live with their children, deeming such a proposition contrary to cultural and traditional values.
Previously, the sons had contested a ₹5,000 maintenance award ordered by an Assistant Commissioner, which was later increased to ₹10,000 by a Deputy Commissioner. The sons argued that they could not be subjected to a more unfavorable position through the appeal process. However, the court rejected this argument, emphasizing that colonial-era jurisprudence could not be used to undermine the Senior Citizens Act’s intent.
In the end, the Karnataka High Court dismissed the petition filed by the sons and imposed an additional ₹5,000 as costs to be paid to their mother.
