The High Court has upheld the order of a maintenance tribunal which had directed three sons of a 88-year-old woman to provide her a maintenence of Rs 3,000 each every month.
In an order which provides a ray of hope to people abandoned by their children, the High Court recently upheld the tribunal order, considering that she cannot earn her own living due to old age.
H S Subramanya, a native of Cherla Srimangala village of Chethalli, Somwarpet taluk in Kodagu district had moved the court, challenging the tribunal order directing him and his brothers H S Ganesh Kumar and H S Thimmappaiah, to pay maintenance to his mother H S Lakshmi, who is residing with her widowed daughter H S Mangala Gowri at Hosakeri village in Somwarpet taluk.
The trio had inherited their father H S Srinivasa’s property after he executed a will in their favour by dividing the property. Srinivasa, who died in June 21, 2002, had also stated in his will that each of his sons should pay a sum of Rs 500 each to their mother.
The sons abided by the will, paying her money till 2010. She moved the tribunal in Kodagu district and obtained an order in her favour. Subramanya and Kumar moved the High Court, stating that they stopped paying maintenence because their other brother has not paid any maintenence and also has taken their share from her.
Justice Abdul Nazeer upheld the verdict of the tribunal and asked the sons to pay maintenence. He observed, “Ageing has become a major social challenge because of the decline of the joint family system. A large number of elderly persons, particularly widowed women, are not being looked after by their families. They are forced to spend their twilight years alone, are exposed to emotional neglect and are not provided financial support,” the court observed.
The Court, which dismissed the petition, said, “There is a need to pay more attention to the care and protection of older persons.”
