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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUNITHA – Appellant
Versus
THE SUB DIVISIONAL MAGISTRATE/ SUB COLLECTOR, THIRUVANANTHAPURAM – Respondent
Headnote: Read headnote
JUDGMENT
This writ petition is filed by the petitioner challenging Ext.P3 order passed by the Maintenance Tribunal, by which the petitioner was directed to pay maintenance of ₹5,000/- per month each to respondents 2 and 3. Though Ext.P3 order was challenged in appeal and thereafter, by way of review, the same were dismissed as per Exts.P4 and P5 orders respectively. It is in this context, the petitioner has come up before this Court.
2. Respondents 2 and 3 are the parents of the petitioner.
During the pendency of the writ petition, the second respondent/father expired. According to the petitioner, she has no means to pay any amount as maintenance to the parents; and the tribunal, without proper consideration of the issue, had directed to pay ₹5,000/- each as maintenance to the 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 adjusted the maintenance amount based on the financial capabilities of the son, ensuring a fair balance with the needs of the elderly mother.
Withdrawal of maintenance orders must consider previous court rulings and objections raised to ensure fairness.
Only senior citizens or parents can appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act; appeals by children are not permitted.
The court upheld a maintenance order, affirming parental duty despite other financial support.
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 statutory duty to provide maintenance is reaffirmed, irrespective of claimant's personal circumstances or relatives' capabilities, particularly for elderly subjects.
Point of Law : When a party claims allowance of maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law.
Section 125 is to ensure that neglected wife, child and parents are not left in a helpless state of distress.
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