"The son cannot refuse to maintain his father even if the latter had failed to provide for him in the past," the family court ruled on Thursday while asking a 30-year-old police constable to pay maintenance to his 57-year-old father.
The petition filed by the father states that he was working in a private firm and took voluntarily retirement, after which he started working at a sports club. The petitioner alleged his father (constable's grandfather) had made his son (constable) a nominee for his flat. After the death of his father in October 2002, the constable got the flat transferred in his name and forced the petitioner to leave the house.
The petitioner approached the family court in August 2011 seeking Rs10,000 monthly maintenance from his son pleading that he is old, sick and unable to maintain himself.
The petitioner's wife and daughter, who stay with the cop, stated the petitioner was addicted to alcohol and used to disturb the family. They also said the petitioner never paid maintenance for his family when he was working. They alleged he is gainfully employed and does not require maintenance.
The court observed: "There is ample evidence on record that the petitioner has not maintained his family when he was earning. He has neglected his wife and minor children. It also appears the petitioner has not maintained his mother. The petitioner has failed in his duties as a father and a husband."
But, the court, while granting the maintenance, said: "The question is whether nonperformance of his duties would disentitle him from claiming maintenance from his son. To my mind, a son's responsibility to maintain his father will not be absolved."