The Punjab and Haryana High Court recently expressed astonishment at a man's petition contesting the ₹5,000 maintenance granted to his 77-year-old mother.
Justice Jasgurpreet Singh Puri imposed a ₹50,000 cost on the petitioner, directing him to deposit the amount in his mother's name before the Principal Judge of the Family Court in Sangrur within three months.
“It is a classic example of Kalyug which is reflected from the present case which has shaken the conscience of this Court. There is no illegality in the order passed by learned Principal Judge, Family court, and rather it will not be out of place to mention that even the amount of Rs.5,000/- was on the lower side, although no separate petition has been filed by the respondent widow for enhancement,” the court said.
The 77-year-old woman lost her husband in 1992 and is survived by a son and a married daughter. Another son had predeceased her, leaving behind his widow and two sons.
Following her husband's death, her 50-bigha land was inherited by her son and the sons of her deceased son. In 1993, she was awarded ₹1 lakh for her past, present, and future maintenance. She later moved in with her daughter.
Her son challenged the ₹5,000 maintenance awarded to her, arguing that since she was not residing with him, the family court had no basis to grant the order. However, the mother's counsel argued that she had no independent source of income and was forced to rely on her daughter for survival.
The Court termed the case unfortunate and held that since the elderly woman lacked any means of income, her son had no justification for contesting the maintenance order.
“It actually shocks the conscience of this Court whereby the son has chosen to file the present petition against his own mother challenging fixation of maintenance of Rs.5,000/- although he succeeded the property of his father and the old age mother of 77 years does not have any source of income and has been living with her daughter who is married and is staying in her matrimonial home,” the Court said as it dismissed the plea.
Advocates SS Brar and Neha represented the petitioner.
Advocate Vishal Satija represented the respondent.
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