The Punjab and Haryana High Court has imposed a cost of Rs 50,000 on a man for challenging the award of Rs 5,000 as maintenance to his 77-year-old mother.
The single-judge Bench of Justice Jasgurpreet Singh Puri directed the petitioner to deposit the amount in the name of his mother before the Principal Judge, Family Court, Sangrur, within a period of three months.
Terming it a classic example of Kalyug, Justice Puri observed that the present case has shaken the conscience of this Court.
It further said that there was no illegality in the order passed by Principal Judge, Family court.
It would 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, noted the single-judge Bench.
As per the case, the woman’s husband died in 1992. She is survived by a son and a married daughter. Her other son had also died, leaving behind his widow and two sons.
After the death of her husband, the 77-year-old’s land of 50 bighas devolved upon her son and the sons of her deceased son.
In 1993, she was awarded Rs one lakh as maintenance for her past, present and future maintenance. She then started living with her daughter. Challenging the award of Rs 5,000 maintenance, her son argued that since she was not living with him, the family court could not have passed the order.
The Counsel representing the mother contended that she has no source of income and was compelled to live at the mercy of her daughter, having no other alternative to sustain her.
Calling it an unfortunate case, the High Court said that once it was found that the elderly woman did not have any source of income, there was no ground for her son to file the petition
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