LALBHAI CHETANDAS DHANWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an unfortunate case of three able bodied sons of an unfortunate mother who resort to legal proceedings to deny paying maintenance to their mother.

(2.) Respondent No.2, aged widowed mother, unable to maintain herself had to move a maintenance application against her sons who are admittedly having two shops between them from where they are trading in cloth. Mother also has to look after a mentally retarded minor daughter. The Family Court, granted interim maintenance of Rs.1500/- per month from three sons in favour of mother and daughter. This order was passed on 16th March 2007. No challenge was made to this order. The petitioners, however, paid only a sum of Rs.1500/- per month to the claimants. They thereupon moved the Family Court for a clarification that they are entitled to receive Rs.1500/- per month from each son. This clarification was granted by the impugned order dated 12th May 2008.

(3.) Having heard the learned advocates for the parties, at the outset, it is clear that even in the order dated 16th March 2007, there was no ambiguity. The learned Judge had directed each of the sons to pay Rs.1500/- per month to the claimants. There was, therefore, no necessity for further clarification. The petitioners if were aggrieved by the order dated 16th March 2007, ought to have challenged the same in accordance with law. They, however, admittedly not done so. Additionally I also find that admittedly the petitioners operate their cloth trading business from two shops in Gandhidhamm town. They have legal responsibility to maintain their mother. Considering the totally of the facts and circumstances of the case, when the court below has assessed average monthly income of each family at Rs.5,000/-, direction to pay Rs.1500/- therefrom, to the mother needs no interference. The petition is therefore dismissed. Rule is discharged. The Family Court shall decide the maintenance application finally without being influenced by this order.