The Punjab & Haryana High Court recently reprimanded a son for challenging an order directing him to pay Rs. 5,000 per month as maintenance to his 77-year-old mother. The court, deeply disturbed by the case, imposed a fine of Rs. 50,000 on the son, calling it a "classic example of Kalyug."
Justice Jasgurpreet Singh Puri stated:
"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."
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The court noted that the mother, a widow, had been left without any financial support. She had to seek refuge with her married daughter, as she had no independent source of income. The son, on the other hand, had inherited his late father's property but failed to fulfill his moral and legal duty to support his mother.
The case involved a petition filed under Section 125 Cr.P.C by the mother against her son and the widow of her deceased son. The Family Court, after reviewing all relevant documents, concluded that the mother had no means to sustain herself. As a result, it ordered both the son and the widow of the pre-deceased son to pay Rs. 5,000 each per month in maintenance.
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The son challenged this order, arguing that back in 1993, he had already paid Rs. 1 lakh to his mother as a one-time maintenance settlement. He contended that his mother willingly left the house and moved in with her daughter, implying that he should not be held responsible for her financial well-being.
However, the High Court found these claims unjustified and strongly condemned the son’s reluctance to support his aged mother. The court observed:
"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."
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After hearing all submissions, the High Court ruled against the son and dismissed his plea. The court further imposed a penalty of Rs. 50,000, which must be deposited as a Demand Draft in the name of the respondent (his mother) at the Family Court in Sangrur within three months.
"The present petition is hereby dismissed with costs. The costs are assessed as Rs.50,000/- (Rs. Fifty thousand). The petitioner...is hereby directed to pay the costs of Rs.50,000/- (Rs. Fifty thousand) by depositing a Demand Draft in the name of the respondent before learned Principal Judge, Family Court, Sangrur within a period of three months from today."
The Family Court has been directed to ensure that the deposited amount reaches the respondent immediately.
