Sons told to pay maintenance to 82-yr-old

Chennai

Justice S Vaidyanathan, on disposing the plea came down heavily on the sons for not maintaining a senior citizen, who is none other than their father. Pointing out that the action of the sons is punishable under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, he said, “They should have realised that their father’s age will not go in a descending order to gain energy and strength. The children will get old and they will also face a similar situation. They may also be taken to old age homes by their children. The number of youngsters who take  care of their parents is on the decline. The petitioners should also realise that not taking care of their parents and abandoning them is a punishable one.”

The father Chinnappa had approached the Judicial Magistrate Court in Vellore in 2004 contending that out of the 2.40 acres of land he owned, he allotted the same to his three sons and kept 40 cents of land for his own use. But since his younger sons Shanmugam and Mani, both retired military officer and placed in good jobs, were not allowing him to cultivate in the said 40 cents, he needed maintenance for his livelihood.

The Magistrate Court after analysing the evidence and witnesses had ordered a monthly maintenance of Rs.400. This was subsequently upheld by the Sessions Court. Aggrieved by this, both the sons preferred an appeal at the MHC. They contended that in the absence of proper evidence, the Sessions Court has erred in  awarding maintenance to their father by taking into account their income.

They further claimed that their father is living with their older brother, who also owns the same extent of land as them and that he had not chosen to claim maintenance from him. They also submitted that their father holds 40 cents of land, cultivating the same and earning some income out of it and hence, the amount of Rs.400 fixed as maintenance is on the higher side.

Justice Vaidiyanathan also held that though, “The monthly maintenance of Rs.400 awarded by the Sessions Court is too meagre when compared to the present cost of living, I do not find any reason to interfere with the order of the court.” He also directed the sons to deposit the entire arrears of maintenance, if not already deposited, within a period of two months.