ASHOK Vs. PARVATI

JUDGEMENT

(1.) This top noted writ petition is filed by the petitioners questioning the order of the Court below passed on I.A.No.11.

(2.) The facts leading to this top noted writ petition are as under:

(3.) Having examined the order under challenge, this Court is of the view that the order under challenge does not suffer from any perversity or illegality. The Court below having taken judicial note of the fact that respondent No.3 being the mother is neglected by her children. The Court below by exercising discretion judiciously and taking into note the status of the parties has proceeded to award maintenance of Rs.1,000/-. Respondent No.3 is mother of petitioners and respondent Nos.1, 2 and 4. She is aged about 74 years. The fact that respondent No.3 has moved an application against her children seeking maintenance reflects helplessness. It is moral duty of a person to maintain aged parents. During course of time, this moral duty assumed legal character and thereby Legislature has enacted law. I am of the opinion that the order under challenge is legal and in accordance with law and does not suffer from any material irregularity. The Court below has judiciously exercised discretion and awarded very meager maintenance to respondent No.3 who is mother of the present petitioners and also respondent Nos.1, 2 and 4.