Pay monthly expense to mother, court tells man

August 28th, 2011 - 6:13 pm ICT by IANS  

New Delhi, Aug 28 (IANS) A Delhi court has asked a man to pay Rs.1,500 monthly maintenance to his elderly mother, who alleged that he and his wife physically abused her and forced her to transfer her east Delhi property in their name.

Metropolitan Magistrate (Mahila Court) Sunena Sharma said: “Keeping into account the fact that the petitioner is an old lady and the respondent is her only son, he cannot be allowed to shy away from his liability to provide maintenance to his aged mother, especially, when he has failed to show that she has sufficient means to maintain herself.”

Taking note of the petition filed by Shashi Bala Jolly, the judge said: “I am of the view that a prima facie case for grant of maintenance in favour of the petitioner is made out.”

“At this stage, only a prima facie case has to be made out as allegations and counter allegations raised by the parties cannot be decided at this stage without calling evidence from them,” said the court in its judgement Aug 25.

The judge directed the son to pay a monthly maintenance of Rs.1,500 to his mother while noting that he also had a responsibility towards his wife and child.

Shashi Bala Jolly said in her petition that she has been staying along with her only son and his wife in a house bequeathed in her favour by her late husband and that the couple abused her and forced her to transfer the property in their name.

“I have also lodged a complaint with police in this regard. My son also refuses to take care of my needs despite my having no means to support myself,” the petition said.

The son, a TV repair mechanic, contended that his mother was a woman of sufficient means and also possessed a bank deposit of Rs.10 lakh left by his father.

“My mother often used to humiliate me and my wife,” he alleged.

Questioning the authenticity of his father’s will, he said he had challenged it in a civil court.

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