She is your mother, not a beggar, court tells son

Taking a stern approach towards a son who declined from paying maintenance to his mother whose property he had taken over, the Bombay high court on Wednesday told him he would have to part with a “substantial amount” every month as maintenance to his mother.

The court also told him he was not doing his 72-year-old mother a favour by paying the amount in maintenance. “Do you think you are obliging her? Is she a beggar? You are depriving her of her right,” justice DB Bhosale said.

Ulhasnagar resident Jivan, a businessman, had filed the appeal in the high court challenging the order of a civil judge in Kalyan who had “foisted a liability of Rs1,500 maintenance” to be paid to his mother Meena in April last year.

As his advocate gave reasons why he should not be saddled with the burden of maintaining his old mother, the frail old woman stood listening stoically. The septuagenarian, however, had contended that in 1992, she had sold her property to help him buy shop premises and a flat in Ulhasnagar. She said she had moved in with her son’s family into the new home in July 1996 but her son threw her out in November 1997.

“I gave him all the love and care but in his house he did not even give me food for six months,” Meena said.

Her advocate Jaiwant Chandnani told the court: “She has been living with her married daughter ever since and her elder son sends her money from Dubai sometimes.”

In 2000, Jivan’s mother filed a civil suit seeking the right to the property that he had bought with her money and an injunction of the property for recovery of Rs1.62 lakh she gave him to buy the new flat and the arrears of maintenance he had not paid.

Jivan’s stand before the high court was that the subordinate court had granted the maintenance purely on “sympathetic grounds”. He stated that his elder brother was sending her money and he was financially incapable of bearing the additional expense.

“Just look at your mother, look at her age,” justice Bhosale said, “You are making your mother run from pillar to post at this age.”
The court said that since he was enjoying all the properties owned by his mother he should be ready to shell out at least Rs10,000 in maintenance for his mother. The mother is seeking Rs10 lakh as a settlement amount. The court has directed the mother-son duo to arrive at a settlement with the help of their advocates and inform the court on Thursday.

(Names of parties changed to protect identities)