UNNIKRISHNA PILLAI Vs. JANAKI AMMA

JUDGEMENT

(1.) A 92-year-old mother knocked on the doors of the Family Court, Kollam, for getting maintenance from her own son. The petitioner herein, who is her son, contested the case. The petitioner's 92-year-old mother was forced to enter the witness box in the Family Court. She was thoroughly cross-examined by his counsel. Thereafter, the Family Court, Kollam, directed the petitioner to pay maintenance to his 92-year-old mother @ Rs.2,000.00 per month as per the order dtd. 29/4/2022 in M.C. No.71/2017. Challenging the order of maintenance, this Revision Petition is filed by the son along with a delay condonation petition to condone the delay of 1149 days in filing the Revision Petition when revenue recovery proceedings are initiated against him for the recovery of the amount. At the time of filing the petition, the mother of the petitioner was 92, and now she is aged 100 and waiting for the maintenance from his son! I am forced to say that, I feel deeply ashamed, being a member of this society, where a son is fighting with his mother, aged 100, merely to deny her a monthly maintenance of Rs.2,000.00!

(2.) The case of the 1st respondent before the Family Court reads like this:

(3.) The petitioner filed an objection before the Family Court. The relationship with the 1st respondent is admitted. The case of the petitioner is that the elder son of the 1st respondent, who has an axe to grind against the petitioner, is acting from behind the 1st respondent, and the mother is merely a tool in the hands of the elder son of the 1st respondent. According to the petitioner, the mother, under the elder son's influence and coercion, filed the claim petition. It is also stated that, when the petitioner was only 6 years of age, his elder brother cunningly took possession of all the assets of the parents by creating a partition deed whereby he got a lion's share of the properties. Afterwards, when the petitioner attained majority and demanded his share in the family estates, he was assaulted by the said brother, and thereby he had to elope from the place. Subsequently, he returned to his native place and resided along with his mother, who is the 1st respondent herein, and with the mentally retarded brother, Radhakrishna Pillai. After the marriage, the petitioner resided in a house constructed by himself. His mother and the mentally challenged brother were also residing with him. Things being so, about 3 years before, the said brother, Janardhanan Pillai, took the mother and the mentally challenged brother to his house with an eye to appropriate their assets in his favour, is the contention of the petitioner. Ever since the petitioner demanded his share of the family estate, the said Janardhanan Pillai has used all means to vex and harass the petitioner. Finding no other alternative, the petitioner has preferred O.S.No.251/2016 before the Munsiff's Court, Paravur. It is also stated that the petitioner is illiterate, and his wife is also afflicted with many diseases, and his only son is a student. Since he is unable to meet all his household expenses with the meagre income from his agriculture, he is depending on his in-laws for aid. It is the case of the petitioner that, he is ready and willing to look after the affairs of his mother, if she comes and stays with him. It is also the case of the petitioner that the 1st respondent does not require an amount of Rs.5,000.00 per month for her maintenance. Hence, he prayed for the dismissal of the petition.