In a major decision, the Karnataka High Court has ruled that that can be no atonement for sons who do not take care of their parents.
The court also underlines that there is a law to re-establish marriage rights, but there was no provision in law to force a mother to live with sons.
The ruling was given by a bench headed by Justice Krishna S. Dixit on a petition by two brothers, Gopal and Mahesh who pleaded before the court that they won’t be able to pay Rs 10,000 each as maintenance amount for their mother's care.
The brothers claimed that they were ready to take care of their mother and she is being compelled to live at her daughters' place presently.
The bench mentioned the Vedas and Upanishads and stated that it is the duty of the children to take care of their mother.
"During old age, the mother should be looked after by the son. It is preached in Taittiriya Upanishad that parents, teachers and guests are like gods. There is no atonement for those who do not take care of their parents. Before worshiping god, parents, teachers and guests must be respected.
"But, today’s generation is failing to take care of their parents. It is not a good development that such numbers are rising," the bench said.
It underlined that since both the sons are physically, it cannot be claimed that they cannot provide maintenance.
"If a man can take care of his wife, why can’t he take care of his mother? One son is getting rent. The argument of the sons that they will take care of their mother can’t be agreed. There is no law to force a mother. It also can’t be agreed that the daughters are conspiring and forcing her to stay at their homes. If not for the daughters, the mother would have been on the streets."
Justice Dixit appreciated the daughters for taking care of their mother.
The bench also ordered the sons to pay Rs 20,000 maintenance to their mother.
The 84-year-old Venkatamma from Mysuru was living with her daughters. After leaving her son's residence, she had approached the divisional officer in Mysuru maintenance from Gopal and Mahesh
As per the Maintenance and Welfare of Parents and Senior Citizens Act, the order was given for the sons to provide Rs 5,000 each to their mother.
The District Commissioner later had increased the maintenance amount from Rs 5,000 to Rs 10,000 each.
The brothers challenging this order had approached the High Court and claimed that they won’t pay the maintenance but they will take care of their mother instead.
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