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Karnataka High Court Denies Sons' Plea to Reduce Maintenance Granted to Aged Mother

Last Updated: 2023-07-22 12:26:00
Karnataka High Court Denies Sons' Plea to Reduce Maintenance Granted to Aged Mother

Karnataka High Court Upholds ₹10,000 Monthly Maintenance for Aged Mother, Rejects Sons' Plea to Reduce Payment

In a recent ruling [Sri Gopal and anr v. Deputy Commissioner and ors], the Karnataka High Court denied the plea of two sons seeking to reduce the ₹10,000 monthly maintenance amount ordered for their 84-year-old mother under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petitioners claimed that the amount was too high for them to afford.

Justice Krishna S Dixit, while delivering the judgment, emphasized the importance of caring for elderly parents in Hindu religion and law. He lamented the rising trend of youngsters neglecting their aged and ailing parents, stating that it was a concerning development.

Although the Court recognized the financial hardships faced by the sons, Justice Dixit remarked that ₹10,000 was inadequate to sustain even the most basic needs in today's inflationary era. The Court refused to further increase the maintenance amount since the mother had not requested such a revision.

The Court also dismissed a request to relocate the mother to live with her sons instead of receiving maintenance, clarifying that no law could force unwilling parents to reside with their children.

The sons had previously challenged a ₹5,000 maintenance award, but the High Court upheld the Deputy Commissioner's decision to order ₹10,000, rejecting the argument based on outdated colonial-era jurisprudence.

Ultimately, the Court dismissed the sons' petition and ordered them to pay an additional ₹5,000 as costs to their mother.

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TAGS: Karnataka High Court plea sons reduce maintenance aged mother ₹10 000 reject Hindu religion law elderly parents.


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