Background
In a striking remark, the Punjab & Haryana High Court referred to the case as an example of “Kalyug” while hearing a petition from a man challenging the order to pay ₹5,000 in monthly maintenance to his 77-year-old mother. The case highlights the growing legal battles involving elderly parents seeking financial support from their children under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The mother had approached the authorities, stating that she was financially dependent and that her son had refused to support her despite having sufficient means. The Maintenance Tribunal ruled in her favor, directing the son to pay ₹5,000 per month. However, the son contested the order in the High Court, arguing financial constraints and questioning his legal obligation to provide for his elderly mother.
Court’s Observations
- Strong Disapproval of Son’s Conduct
- The High Court expressed deep disappointment over the son’s refusal to support his mother, calling it a reflection of the deteriorating moral fabric in society.
- The court remarked that a mother who had spent her life raising a child should not be left in distress at an old age when she needs support the most.
- “Kalyug” Reference
- While hearing the plea, the bench remarked that such cases exemplify the decline in moral values, describing it as “Kalyug,” an era in Hindu mythology associated with degradation of righteousness.
- The court observed that children benefiting from their parents’ sacrifices should not abandon them when they become dependent.
- Legal Responsibility Under Senior Citizens Act
- The court reinforced that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, children are legally bound to provide for their elderly parents if they are unable to sustain themselves.
- It reiterated that financial excuses would not absolve children of their responsibility, especially when they are capable of earning.
- Dismissal of Son’s Plea
- The High Court found no merit in the man’s petition and upheld the ₹5,000 maintenance order.
- The bench observed that the amount was modest and necessary for the basic survival of an elderly person in today’s economy.
Implications of the Judgment
- Strengthening of Parental Rights: The ruling reinforces legal protections for elderly parents, affirming that they can seek maintenance if abandoned by their children.
- Precedent for Future Cases: The court’s strong remarks set a moral and legal precedent for other cases involving senior citizens seeking financial support.
- Limited Scope for Contesting Maintenance: The judgment makes it clear that unless there is clear evidence of a child’s extreme financial hardship, claims of financial constraints will not be entertained to deny maintenance.
Conclusion
The Punjab & Haryana High Court’s remarks in this case underline the increasing legal focus on elderly rights and the ethical duty of children to support their aging parents. By calling the case a sign of “Kalyug,” the court has sent a strong message that neglecting senior citizens will not be tolerated. The decision serves as a reminder that legal obligations align with moral duties, ensuring elderly individuals receive the care and support they deserve.