H.S. SUBRAMANYA Vs. H.S. LAKSHMI

JUDGEMENT

(1.) In these cases, the petitioners have called in question the validity of the order at Annexure 'G' in No.GA.06/2011-12/212 dated 5.11.2011 whereby the Maintenance Tribunal and the Assistant Commissioner, Madikeri, Kodagu, (for short 'the Tribunal') has directed the petitioners and the third respondent to pay maintenance of Rs.3,000/- per month to their mother, the first respondent under Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('Act' for short).

(2.) The first respondent is a widow, presently aged about 88 years. It is her contention that her husband H.S.Srinivasa died on 21.6.2002. Late H.S.Srinivasa had executed a Will dated 12.4.1994 bequeathing his properties in favour of his children. A provision was made in the Will for payment of maintenance to the first respondent. She was to be paid Rs.500/- per month by each of her sons. The second respondent is the only daughter of the first respondent. Late H.S.Srinivasa had bequeathed a house and land measuring 11/2 acres in her favour also. The first respondent was staying with her daughter, who is also a widow.

(3.) The contention of the petitioners is that they were paying monthly maintenance of Rs.500/- each to their mother regularly. The 3rd respondent has not paid maintenance to the first respondent in terms of the Will. He has purchased major portion of the properties bequeathed in favour of the second petitioner. The third respondent has forced their mother to file the application before the Tribunal claiming maintenance. The third respondent is pocketing the maintenance amount paid to their mother.