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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S.AHLUWALIA
Govind Lodhi – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petition filed for maintenance relief. (Para 1) |
| 2. order by additional collector on maintenance appeal. (Para 2 , 4) |
| 3. claims regarding distribution of land and maintenance. (Para 3) |
| 4. petitioner's argument on property distribution. (Para 5) |
| 5. maintenance obligation emphasized regardless of property. (Para 6) |
| 6. court's view on maintenance liability of children. (Para 7) |
| 7. court's determination on maintenance amount. (Para 8 , 9) |
| 8. petition dismissed. (Para 10) |
ORDER :
1. This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-
1. It is, therefore, prayed that this Hon’ble Court may kindly be pleased to issue a writ of certiorari to quash or set aside impugned order dated 15.06.2023 vide Annexure P/1 passed by the respondent No.1 to the extent of liability of the petitioner for payment of amount of maintenance to applicant Hakki Bai, in the interest of justice.
2. It is, therefore, prayed that this Hon’ble Court may kindly be pleased to issue a writ of mandamus whereby the amount maintenance for livelihood of Hakki Bai would be recovered from her three sons i.e. respondent No.3 and respondent No.5 and 6, in the interest of j
Children are legally required to maintain their parents irrespective of property distribution; disputes over property do not absolve this financial obligation.
The court affirmed the limited scope of certiorari jurisdiction, focusing on whether tribunals overstepped legal boundaries, while also emphasizing the need to balance maintenance obligations between....
The duty of a son to care for his old aged parents, regardless of land transfers, and the importance of providing maintenance to senior citizens under the 2007 Act.
Law, religion and custom mandate sons to look after their parents and more particularly aged mother.
Under Hindu Law, a father has a personal obligation to maintain his minor child, which the courts must uphold despite claims of insufficient income.
The court upheld the maintenance order under the Act, reinforcing the financial obligations of children to their elderly parents.
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