High Court Modifies Maintenance Order, Ensures Fair Treatment – Justice Vikas Bahl Advocates Equitable Maintenance in Senior Citizen Case

In a notable decision, the High Court of Punjab and Haryana, led by Hon’ble Mr. Justice Vikas Bahl, modified an existing maintenance order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court’s intervention ensured fair treatment in a case where the original maintenance amount had been discriminatorily enhanced against one of two brothers.

Justice Bahl, in his ruling, addressed the imbalance created by an Appellate Tribunal’s earlier decision. The Tribunal had increased the petitioner’s maintenance payment from Rs.700/- to Rs.3000/- per month, while his brother’s contribution remained unchanged. This modification was challenged by the petitioner on grounds of discrimination.

In a statement that underlines the Court’s stance on equitable treatment, Justice Bahl observed, “It is apparently discriminatory that one of the brothers has been required to pay maintenance of Rs.700/- p.m. whereas the petitioner has been directed to pay Rs.3000/- p.m.”

Following this observation, the High Court directed the petitioner to deposit the entire arrears of maintenance calculated at the rate of Rs.1000/- per month from November 2016. Additionally, the petitioner was ordered to pay litigation expenses of Rs.10,000/-.

The final settlement reached in the Court led to the petitioner agreeing to pay Rs.1000/- per month regularly as maintenance to the senior citizen, respondent No.3. The Court modified the impugned order accordingly and emphasized the importance of regular payments by setting a monthly deadline.

 Date of Decision: 05.01.2024

Jaspal Singh VS District Magistrate, Patiala and others