Noting that financial assistance was necessary for living a “dignified” life, a Delhi court has asked a man to pay an interim maintenance of Rs 15,000 per month to his elderly parents.

Additional Sessions Judge P K Jain said not only shelter and family’s attention are required in old age, but financial help is also needed to live a “dignified life“.

The court rejected the man’s plea challenging an order of a magistrate directing him to pay Rs 15,000 monthly maintenance per month to his 84-year-old father and mother.

“It is admitted case of the revisionist (man) that meal is being provided to the respondent (parents) by his another brother. In old age, shelter is not the sole requirement to live with dignity.

“Rather in old age, not only more attention of the family members is required but financial assistance is also required to live a dignified life,” the court said.

It rejected the man’s plea that he has been providing shelter and his parents’ plea is not maintainable as they had not impleaded his two siblings in the case.

The judge said it was the discretion of the parents to decide from whom they want to claim maintenance.

“It is undisputed fact that respondent (father) is an old person of 84 years. Thus, mere fact that revisionist (man) has provided shelter to him does not mean that he has fulfilled his moral and legal duty towards the respondent being his son.

“Since, it is undisputed fact that revisionist is not providing any financial assistance to the respondent, I am of the opinion that prima-facie it amounts neglect and refusal on the part of revisionist,” the court observed.

The man, running a business of surgical equipment, had refused to pay maintenance saying his parents had failed to show that they were unable to maintain themselves and they cannot choose only one son for providing maintenance.

The elderly couple stays at the first floor of the house where the man resides in Karol Bagh area.

The parents said they had not sought maintenance from their other son as he is providing them food and is financially not sound. They alleged that a civil suit was filed to evict them from the property.

The judge noted that the man is spending Rs 50,000 per month on the education of his two sons which shows he has sufficient income.

(This article was published on April 8, 2013)
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