Punjab and Haryana HC dismisses plea of son challenging order of Maintenance tribunal directing him to provide maintenance to his father [Read Judgment]

Punjab and Haryana HC dismisses plea of son challenging order of Maintenance tribunal directing him to provide maintenance to his father [Read Judgment]


Though parents want to maintain their independence and do not expect much from adult children as children expect from them, parents also hope that children will be there for them when called upon particularly in the evening of their life.


Punjab and Haryana High Court has dismissed plea of a son challenging the order of District Magistrate by which he had asked him to provide an amount of Rupees 3000 to his father. Justice Paramjeet Singh said that the Court had already examined the scheme and identical issue in another case Justice Shanti Sarup Diwan vs. Union Territory, Chandigarh and this plea is liable to be dismissed

Background

Maintenance Tribunal, upon application by petitioner’s father under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, had ordered the Petitioner to pay Rs. 2000 to his father as maintenance. The Appellate authority had increased the amount to Rupees 3000. The other Son was asked to pay Rs.4500. It was against this order, the petitioner approached the High Court.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a central legislation enacted with a view to provide for more effective provisions for the maintenance and welfare of parents and senior citizens. Section 4 of this act entitles a senior citizen including parent who is unable to maintain himself from his own earning or property owned by him, to make an application before Maintenance Tribunal, parent against one or more of his children not being a minor. A childless senior citizen, can make an application against his relative. Usually Sub Divisional Magistrate presides over the Maintenance Tribunal.

Terming this case as ‘avoidable and unfortunate litigation between son and father’ Justice Paramjeet Singh said “Though parents want to maintain their independence and do not expect much from adult children as children expect from them, parents also hope that children will be there for them when called upon particularly in the evening of their life. Often parents lay less emphasis upon physical and financial support, however at least, expect emotional support of children and grandchildren.”

The Court also remarked ‘Sometimes the law appears to be meddling and intrusive particularly in family disputes and private life. There has to be a balance between people's right to live and the right of the law to intervene on behalf of the society. The balance between the needs of society and people's individual rights applies to families too”.

Everyone should analyse what his/her heart says. Parents and children should think calmly and not on the basis of pure emotion before drawing a line in the sand, one should be fully convinced that his/her actions are not based on anger or fear, the Judge added.

Read the Judgment here.