LAWS(CHH)-2019-3-186

UTTAR KUMAR BHOI Vs. SUREKHA BHOI

Decided On March 12, 2019
Uttar Kumar Bhoi Appellant
V/S
Surekha Bhoi Respondents

JUDGEMENT

(1.) Petitioner herein is son and respondent No.1 herein is his step mother whose application under Section 4 read with Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act of 2007') has been granted by the Tribunal constituted under the Act of 2007 by the impugned order directing payment of Rs. 10,000/- per month as maintenance amount and which has been challenged by way of this writ petition.

(2.) Mr. Manoj Kumar Sinha, learned counsel for the petitioner, would submit that learned Tribunal is absolutely unjustified in granting maintenance to the respondent which is shockingly high and the petitioner is incapable of making payment of the said amount. He would also submit that the petitioner is ready and willing to maintain the respondent by keeping her with him but she is not ready and willing to stay with him and therefore the order passed by Tribunal deserves to be set aside.

(3.) Ms. Aarti Chandra Dutt, learned counsel for the respondent, would submit that the Tribunal is absolutely justified in granting maintenance to the tune of Rs. 10,000/- per month as the petitioner is working as a government teacher in the government education department and earning sufficient money to maintain his mother and he is financially capable of making payment of Rs. 10,000/- per month, as such writ petition deserves to be dismissed.