The High Court stated that the children should bear their parents at their old age by providing the amount of maintenance in order to sustain their livelihood and also declared that the moral duty of the child to protect their parents.
- The writ petition challenging the maintenance order under Maintenance and Welfare of Parents and Senior Citizen Act, 2017.
- In the maintenance order, the amount of Rs. 2000/- must be paid by the son to their mother as her livelihood.
- The Counsel for petitioner alleged that the mother did not gave him any sort of single property, not liable to maintain her.
- He also stated that the financial incapacity suffered by him to lead his life.
- The Respondent contended that the sale deed of the property was executed to their sons on behalf of the promise of maintaining her.
- So, she filed the maintenance petition under Section 16 of the Act, 2027.
The Court analyzed the facts and circumstance and stated that the children had to maintain their parents irrespective of their property value and the share given to them.
Justice G.S. Ahluwalia held that the monthly maintenance of Rs. 8000/- should be paid to the mother and that was equally shared between them and also re-affirming the previous order by dismissing this petition.
CASE NAME: Govind Lodhi V. State of MP And Others.
NAME: Viswa ganesh K, COURSE: BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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