Even 1.5 Years in Jail Doesn’t Dilute Section 37 NDPS Rigour: Punjab & Haryana High Court Denies Bail in 710 Kg Poppy Husk Case Stay of Conviction Nullifies Disqualification Under Section 8(3) RP Act: Allahabad High Court Dismisses Quo Warranto Against Rahul Gandhi Custodial Interrogation Necessary to Uncover ₹2 Crore MGNREGA Scam: Kerala High Court Rejects Anticipatory Bail for Vendors in Corruption Case Order 41 Rule 23 CPC | Trial Court Cannot Decide Title Solely on a Vacated Judgment: Himachal Pradesh High Court Strikes By Bar Associations Cannot Stall Justice: Allahabad High Court Holds Office Bearers Liable for Contempt if Revenue Suits Are Delayed Due to Boycotts To Constitute a Service PE, Services Must Be Furnished Within India Through Employees Present in India: Delhi High Court Medical Negligence | State Liable for Loss of Vision in Botched Cataract Surgeries: Gauhati High Court Awards Compensation Waiver of Right Under Section 50 NDPS is Valid Even Without Panch Signatures: Bombay High Court Agricultural Land Is 'Property' Under Hindu Women’s Right to Property Act, 1937: A.P. High Court Tenant Who Pays Rent After Verifying Landlord’s Will Cannot Dispute His Title Under Section 116 Evidence Act: Himachal Pradesh High Court Dismisses Eviction Challenge by HP State Cooperative Bank Clever Drafting Cannot Override Limitation Bar: Gujarat High Court Rejects Suit for Specific Performance Once Divorce by Mutual Consent Is Final, Wife Cannot Pursue Criminal Case for Stridhan Without Reserving Right to Do So: Himachal Pradesh High Court Caste-Based Insults Must Show Intent – Mere Abuse Not Enough for Atrocities Act: Gujarat High Court Upholds Acquittal Failure to Inform Detenu of Right to Represent to Detaining Authority Vitiates NSA Detention: Gauhati High Court Awarding Further Interest On Penal Charges Is Contrary To Fundamental Policy Of Indian Arbitration Law: Bombay High Court

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

07 May 2024 8:19 AM

By: Admin


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   

 

Latest Legal News