Here is a son who is fighting it out with his 75-year old mother over a maintenance amount of Rs 1,000 per month, allegedly due to his financial limitations.
“Sparing a sum of Rs 1,000 for your 75-year-old mother is not a harsh liability. She is old. Besides food and clothes, she also need some money for medical expenses,” said Additional Sessions Judge Narottam Kaushal, modifying a subordinate courts order that has fixed maintenance of Rs 500 per month for her.
Dulari Devi lives separately in her own house. The fact that she is old also suggests that over and above the minimum requirement of clothes and ration, she might also need some amount towards medical aid.
“Merely Rs 500 per month for an old lady is of course too meagre. Even for a person of lower middle class, respectable amount to lead a decent life in old age, will be close to Rs 3,000 and Rs 4,000 per month,” said Kaushal.
In her revision petition, her counsel argued that the amount of Rs 500 per month is too small for an old woman to survive, while her son had an assured income of Rs 10,000 per month.
Her son, however, contended that he has two unmarried daughters and has financial limitations due to a large family to support.
“There is no evidence to reflect that Dulari Devi has any independent source of income. Her right to claim maintenance cannot be disputed. Similarly, the respondent's liability to maintain his mother also can’t be disputed,” the court said.