Man’s Appeal Against ₹5K Maintenance for His Elderly Mother

The Court imposed costs of ₹50,000 on the man and ordered him to deposit the same in the name of his mother.

The Punjab and Haryana High Court recently expressed shock over a man’s petition challenging the grant of ₹5,000 as maintenance for his 77-year-old mother.

Justice Jasgurpreet Singh Puri imposed a ₹50,000 fine on the man and ordered him to deposit the amount in his mother’s name before the Principal Judge, Family Court, 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 elderly woman’s husband passed away in 1992, leaving her with a son and a married daughter. She also had another son who had passed away, survived by his widow and two sons.

After her husband’s death, ownership of her 50-bigha land was transferred to her son and the sons of her late son. In 1993, she was awarded ₹1 lakh for her past, present, and future maintenance. She later moved in with her daughter.

Challenging the ₹5,000 maintenance order, her son contended that since she was not living with him, the family court had no basis to issue such a directive. However, her counsel argued that she had no source of income and was entirely dependent on her daughter, with no other means of survival.

The Court called the case unfortunate and ruled that, given the established fact that the elderly woman had no financial support, her son’s petition lacked merit.

“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.