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KRISHNA S.DIXIT
Gopal – Appellant
Versus
Deputy Commissioner – Respondent
Headnote: Read headnote
ORDER
Petitioners being the sons of 3rd Respondent - mother aged & ailing lady are knocking at the doors of Writ Court for assailing the order dated 25.05.2022 passed by the 1st Respondent-Deputy Commissioner and the order dated 22.05.2019 passed by the 2nd Respondent -Assistant Commissioner respectively at Annexures-A & B. The Assistant Commissioner has directed the Petitioners to pay to their mother a monthly sum of Rs.5,000/- each. However, the Deputy Commissioner has enhanced it to Rs.10,000/-.
2. Learned counsel for the Petitioners vehemently argues that: Petitioners being the appellants could not have been made worse off in their own appeal; they do not have sufficient means to pay the amount and they are ready & willing to look after their mother and therefore, she should be asked to join their home, leaving the place of her daughters; the mother has claimed maintenance only at the instigation of her daughters and thus the claim lacks bona fide. Learned counsel hastily adds that, all these aspects despite urgement having not been adverted to, the impugned orders suffer
Law, religion and custom mandate sons to look after their parents and more particularly aged mother.
Law of marriage generally provides for restitution of conjugal rights qua the deserting spouse, is true.
The court upheld the maintenance order under the Act, reinforcing the financial obligations of children to their elderly parents.
Children's obligation to maintain elderly parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be excused due to financial constraints or alternative living arran....
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 court upheld the Appellate Tribunal's order for care of an elderly mother while ensuring her wellbeing in a conducive environment.
Sadhana Lodh vs. National Insurance Co. Ltd.
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