PURSHOTTAM BHATRA Vs. FAMILY COURT NO 1 JAIPUR

JUDGEMENT

(1.) THE son, appellant herein, who has challenged the order of maintenance passed by learned Family Court in favour of his old mother and father, perhaps forgotten that youth is not permanent and old age takes away all energy physical, mental and intellectual.

(2.) THE respondents No. 2 and 3 in this appeal are the father and mother of appellant. When the appellant refused to maintain them and started living separately, the parents moved an application under under section 125 of the Code of Criminal Procedure in the Family Court No. 1 Jaipur with the averments that they were respectively of the age of 82 and 76 years and because of old age they were incapable to do any work and unable to maintain themselves. THE appellant being their legitimate son was duty bound to provide them bread, clothes, tea, milk, medicines etc. THE appellant is a Government servant and has been receiving salary in the sum of Rs. 10,000/- per month. THE appellant is capable to provide maintenance to them. Hence he be directed to pay maintenance charges.

(3.) IT is expected from all the family members to live together with their temperamental and other differences, making a little bit of sacrifice of their individual comforts and surrendering a little bit of their personal rights and liberties to the head of the family and at the same time, each one making his own contribution for the happiness of the whole family. A son is duty bound to discharge his pious obligation to maintain his old aged parents. In the instant case since the appellant ignored his old parents, he has been rightly directed to maintain them.