The Bombay High Court expounded that children are obligated to maintain their senior parents if they can’t do so themselves and that the limit of maximum monthly maintenance is Rs. 10K qua per senior citizen as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Brief Facts:
The Respondents have three children. The age of the senior citizens is about 73 and 74 years and they claimed that they do not have any source of income to maintain themselves.
Several allegations were made by the parents against two Petitioners about the cause of harassment and torture, filing of cases under the Domestic Violence Act, lodging of police complaints, etc. The senior citizens alleged that Petitioners have repeatedly fought with their parents, abused and asked them to vacate the house.
Thee senior citizens filed an application before the Maintenance Tribunal. The Maintenance Tribunal ordered the three children to pay to their parents per month to maintain them.
Hence, the appeal.
Contentions of the Petitioners:
It was contended that the father had enough money to maintain himself. It was further submitted that Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 stated that the maximum maintenance that can be given is Rs. 10,000per month, and hence the order of the Maintenance Tribunal was not sustainable.
Contentions of the Respondents:
It was contended that the limit of Rs. 10 thousand prescribed under Section 9 is the maximum amount that one child can be obligated to pay and not the total amount that can be received as maintenance.
Observations of Court:
It was noted that there was no proof to show that the parents had enough sources of income to maintain themselves. Moreover, the children were earning well and hence it was held that the maintenance tribunal was justified in asking them to provide maintenance to their parents.
Regarding the amount of maintenance, the Bench ruled that accepting the argument of the Respondent that the limit is 10,000 per child, would mean that people who have more children can get more money as maintenance and this could not have been the intention of the legislature. Hence, the actual interpretation of the clause is that the maximum maintenance that can be awarded is 10,000 per senior citizen.
Decision of Court:
Accordingly, the matter was disposed of. The order of the Tribunal was upheld, however amount was modified.
Case Title: Ms. Nisha Nitin Koppikar and Anr. v. The State of Maharashtra and Others.
Coram: Hon’ble Shri Justice Sandeep V. Marne.
Case No.: Writ Petition No. 980 Of 2023 And Writ Petition No. 985 Of 2023.
Advocates for the petitioner: Advs. Mr. Wajid Shaikh, Adv. and Mr. Ronit Jadhav
Advocates for the respondent: Advs. Mr. A.P. Vanarse, Mr. Manish Upadhye, Dr. Uday Prakash Warunjikar, Mr. Jenish Jain
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