Hyderabad: The Telangana High Court made it clear that the children or legal heirs cannot escape from paying maintenance to their elderly parents on the ground that they have no sufficient income.
“Paying maintenance to elderly parents, who are unable to maintain themselves is same as paying maintenance to the wife or children and there are no exceptions and separate interpretations in this regard in the eye of Law,” Justice Bollam Vijaysen Reddy said.
Justice Reddy was dealing with the petition filed by Kasupa Gowramma and Dayanand, elderly residents of Chatrinaka living in a rented house. Dayanand is a retired employee of BDL and has not been getting pension.
They approached the Telangana High Court complaining that the Chatrinaka police were not registering an FIR against their son Srinivas and their daughter-in-law Madhavi, for not complying with the orders under the Maintenance and Welfare of Parents , Senior Citizens Act. Their counsel brought to the notice of the court that the Tribunal under Maintenance and Welfare of Senior Citizens Act has directed the son Srinivas to pay maintenance Rs 10,000 per month to the parents for maintenance purposes.
Though the order was passed, it was not being complied by the son. Moreover, he further said that Srinivas, his wife and children were living in the house that belonged to his parents, while they were living in a rented, leaving their own house to his son.
When the court asked for a response from the son’s counsel, he submitted that the parents are asking Rs 10,000 each and his client Srinivas is an onion trader in Malakpetgunj and is unable to earn his livelihood nowadays.
Disagreeing with the contentions of the Srinivas, the court reacted that the maintenance amount shall not be stopped. Justice Reddy questioned as to how the son is living in his parents own house by tossing them into a rented house and not paying the maintenance.
The Judge summoned the son on October 27 to explain the reasons for not complying with the orders. The court also cautioned that the Telangana High Court under Article 226 has powers to direct the police to deliver the possession of the house to the parents and vacate the son from the said house, if he is not willing to pay the maintenance.
