Disposing of a criminal revision petition filed by the first son of the woman, Pon Devaki, Justice S Vimala of the Court's Madurai Bench, said the "right of the mother to expect her children to maintain (her) is not only statutory right, constitutional right, fundamental right, natural and moral right but also human right."
The petition challenged the order of the Madurai Family Court to pay Rs 3000 a month to his mother.
The judge said "as per "dharma", the sons are duty-bound to maintain the mother. When dharma says that sons should take care of their parents, it means duty, breach of duty is punishable," the judge said.
The judge said the son should not have made his mother approach the Family Court. The first son, instead of speaking about the duties and responsibilities of a son, was talking about the duties and responsibilties of his mother.
"He has no authority to speak on that line," the judge said.
Regarding the quantum of the compensation for mother, the judge said the claim for maintenance cannot be a match for profit and loss account.
"It reflects the requirement of a mother who created sons for the world. The 70-year-old mother has ailments, she would not be able to render any physical work."
The sons were in possession of the houses and lands. Her daughter, who had promised to give her Rs 5000, had become a widow and she would not be able to give her money. However, she can give at least Rs 3000 for her mother who had given her a house, the judge said.
The judge said the revision petitioner, Elangovan, must pay Rs 3000 as ordered by the trial court.
The judge said the second son Rajakumaran, who is in Canada, did not even take care to find out why a petition was filed by his mother.
He did not even contest the proceedings. By remaining abroad, he would not be in a position to take care of the physical comforts of his mother, who had claimed a total compensation of Rs 21,000 from the three children.
Her second son should pay Rs 15,000 a month. Even though there is no claim for enhanced maintenance by the mother, she expressed her requirements in a personal hearing, the judge said.
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