Sons challenge monthly payment to mother, HC says they are bound by law, religion and custom

economictimes.indiatimes.com:

High Court of Karnataka has rejected the contentions of two brothers who were unwilling to pay the Rs 10,000 per month maintenance they were ordered to pay their aged mother, stating that they are bound by law, religion and custom. Gopal and Mahesh, the two brothers, had been ordered by the Assistant Commissioner, Mysuru to pay maintenance of Rs 5,000 each to their mother Venkatamma in May 2019.

They challenged it before the Deputy Commissioner who enhanced the maintenance to Rs 10,000 each. They then approached the high court challenging this order.

Justice Krishna S Dixit, while upholding the DC's order, dismissed every contention raised by the brothers and also imposed a cost of Rs 5,000 on them for bringing up the petition. «If an able-bodied person is bound to maintain his dependent wife, there is no reason why such a rule should not apply when it comes to the case of a dependent mother.

An argument to the contra falls foul of law and religion, to which the petitioners belong,» the HC said dismissing their petition. The brothers had contended that they did not have the means to earn enough to pay their mother.

The court however said, «The argument that the petitioners do not have the means to pay is too poor a justification for not looking after the aged and ailing mother, especially when it is not their case that they are not able-bodied, or are diseased.» The court also noted, «The first petitioner is hale and healthy; the second petitioner is not before the court, but it is not his case too that he is weak and incapable of earning.» Quoting the scriptures, the HC said, «Law, religion and custom mandate sons to look after their parents, and more particularly aged mother. Smrutikaaraas say: 'Aakshanti sthavire