The Karnataka High Court on Tuesday (September 9, 2025) set aside an ex parte order that had directed four sons and a daughter-in-law to pay ₹5 lakh as compensation to their elderly parents. Instead, the court enhanced their monthly maintenance to ₹30,000 each, underscoring that lump-sum compensation has no place in the law governing senior citizens rights.
Background
The dispute traces back to the Bohra family in Bengaluru. The four sons, along with one daughter-in-law, had been in conflict with their father, Heeralal Bohra, and stepmother, Nirmala Bohra. Allegations flew on both sides - sons accusing the father of unfairly controlling property, and the parents accusing their children of harassment and unlawful occupation of rented premises.
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In 2021, the Assistant Commissioner ruled in favor of the parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ordering the children to pay ₹5 lakh as token compensation and to vacate property. That order, however, was passed without the children being heard.
Court's Observations
Justice M. Nagaprasanna minced no words in pointing out two key flaws in the Assistant Commissioner's ruling. First, it was an ex parte order, with no clear evidence that the sons were even properly notified. Second, the award of ₹5 lakh as 'compensation' had no legal basis under the Act.
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"The word 'compensation' does not find mention in the Act or the Rules," the judge observed.
"Maintenance is meant to be recurring - food, clothing, medical needs - not a one-time lump sum."
The court also highlighted the harsh reality of inflation against the outdated statutory cap of ₹10,000 per month.
"What could be procured for ₹100 in 2007 now requires nearly ₹1,000. Relief that is illusory is no relief at all,a" Justice Nagaprasanna remarked, urging the Union Government to revisit Section 9 of the Act.
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The Decision
In a carefully balanced order, the court:
- Quashed the Assistant Commissioner’s 2021 order.
- Remitted the matter back for fresh consideration after hearing both sides.
- Directed the children to pay ₹10,000 per month each to their parents from April 2021 until now.
- Enhanced the maintenance to ₹30,000 per month each from September 9, 2025, pending fresh orders.
- Allowed any earlier payments of ₹5 lakh to be adjusted against arrears.
- Forwarded the judgment to the Union Finance Ministry, flagging the urgent need to raise the maintenance ceiling in line with inflation.
The order closed with a larger message:
"The twilight of life must not be shadowed by want, but illuminated by care. Maintenance cannot remain a mirage shimmering in the desert of inflation."
Case Title: Sri Sunil H. Bohra & Ors. vs. The Assistant Commissioner & Ors.
Case No.: Writ Petition No. 13448 of 2021 (GM–RES)
