High Court Upholds Maintenance Order, Sons Directed to Support Aged Mother
In a significant ruling, the High Court of Karnataka has upheld the maintenance order directing two sons to financially support their aged mother. The court dismissed the writ petition filed by Sri. Gopal and Sri. Mahesh, who sought to quash the orders issued by the Deputy Commissioner and Assistant Commissioner. The judgment, delivered by the Hon’ble Mr. Justice Krishna S Dixit, emphasizes the duty of sons to care for their parents, particularly in their old age.
The court rejected the argument put forth by the petitioners that they should not be worse off in their own appeal. Justice Dixit stated, “Such a general proposition obtaining in the realm of law of appeals is not invocable in cases arising from socio-welfare legislations like the 2007 Act, which is enacted by the Parliament for protecting the interest of senior citizens who are in a hapless position.”
Regarding the claim of lack of means to pay the maintenance amount, the court dismissed it as “too farfetched an argument” and cited the legal, religious, and cultural mandate for sons to care for their parents. Justice Dixit further added, “To neglect the parents, particularly in their old age, when they become weak and dependent and to cause anguish, is a heinous act for which there is no atonement available.”
The court also observed that the petitioners had suppressed their rental income, disentitling them to any relief. It expressed reluctance to revise the monthly maintenance amount, which was deemed necessary for the mother’s well-being. The court highlighted the increasing cost of living and emphasized the importance of supporting elderly parents in these challenging times.
While addressing the plea for the mother to join the sons’ home, the court deemed it legally unsustainable and factually undesirable. It commended the daughters for taking care of the mother and dismissed allegations of manipulation. The court recognized the daughters’ gestures as deserving deep appreciation.
This ruling serves as a reminder of the legal and moral obligations children have towards their aging parents. It reinforces the principle that children, regardless of their means, must prioritize the well-being and support of their elderly parents.
Justice Dixit remarked, “Law, religion & custom mandate sons to look after their parents, and more particularly aged mother… It is the duty of son to look after his mother who is in the evening of her life.”
Date of Decision: 12th July, 2023
SRI. GOPAL vs . THE DEPUTY COMMISSIONER,
