Payment Of Maintenance To Parents Is Not Dependent Upon How Much Property Is Given To Children: Madhya Pradesh HC

The Court was hearing a Writ Petition under Article 226 of the Constitution seeking a Writ of certiorari to quash or set aside the order to the extent of holding the Petitioner liable for maintenance payments and a Writ of mandamus directing that the maintenance amount for Smt. Hakki Bai’s livelihood is recovered from her three sons.

The bench of Justice G.S. Ahluwalia observed, “The question of payment of maintenance to parents is not dependent upon the fact that how much property has been given to the children. It is the duty of children to maintain their parents.”

Advocate Brijendra Swaroop Sahu appeared for the Appellant and Government Advocate Mohan Sausarkar appeared for the Respondent.

The Petitioner challenged the orders of the Additional Collector and SDO, issued under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Respondent, Smt. Hakki Bai, had filed an application under Section 16 of the Act and claimed that her sons, including the petitioner, promised to maintain her after she distributed her land to them through separate sale deeds. The Petitioner argued that his mother did not give him any land and that he could not afford to pay the maintenance. Hence, requested the Court to set aside the SDO’s order.

The Court said that if an individual is aggrieved by unequal distribution of land, then he has the remedy to file a Civil Suit but he cannot run away from his liability to make payment of maintenance to his mother.

Accordingly, the Court was of the opinion that the Courts below did not commit any mistake by directing the sons of Smt. Hakki Bai to pay maintenance to her.

Finally, the Court dismissed the Petition.