A man has been directed by a Delhi court to pay Rs 1,500 as monthly maintenance to his aged mother, who alleged that he and his wife physically abused her to transfer the property in their name.
“Keeping into account the fact that the petitioner is an old lady and respondent is her only son, he cannot be allowed to shy away from his liability to provide maintenance to his aged mother, especially when he has failed to show that she is having sufficient means to maintain herself,”
said Sunena Sharma, metropolitan magistrate (Mahila court).
The court gave the order on the plea by east Delhi resident Shashi Bala Jolly who said she has been staying along with her only son and his wife in a house bequeathed in her favour by her late husband and that the couple abuses her physically to transfer the property in their name.
The woman said she has also lodged a complaint with the police in this regard. She claimed that her son also refuses to take care of her needs despite her having no means to support herself.
Contending that his mother is a woman of sufficient means which include a bank deposit worth Rs 10 lakh left by his father, the respondent — a TV repair mechanic, claimed his mother often humiliated him and his wife and she was bent upon ousting them from the house.
Questioning the authenticity of his father’s will, he said he had challenged it in a civil court.
“From all facts and circumstances of the case, I am of the view that a prima facie case for grant of maintenance in favour of the petitioner is made out,” the court said.
The court also added, “At this stage only a prima facie case has to be made out as allegations and counter allegations raised by the parties cannot be decided at this stage without calling evidence from them.”
The judge directed the son to pay a monthly maintenance of Rs 1,500 to his mother while
noting that he also has the responsibility towards his wife and child.