Senior Citizens Act – Maintenance of parents does not depend on property given to the children.

Mother had filed application under Section 16 of the Maintenance and welfare of Parents and Senior Citizens act, 2007, for maintenance from four sons on the ground that although she had given land to her sons to maintain her, now they are not making payment of the same.

The Sub-Divisional Officer passed an order for payment of Rs.3000/- from each of four sons.

The petitioner – one of the sons – had challenged the said order on the ground that no land was given to him and therefore, he is not liable to pay maintenance.

HELD, it is the duty of the children to maintain their parents.  The question of maintenance to parents is not dependent on the fact that how much property was given to the children.   The son who is not given any property has remedy to file civil suit but he cannot run away from his liability to pay maintenance.

Order dated 5.9.2024 of the Madhya Pradesh High Court at Jabalpur in W.P.No.25471 of 2024 of Govind Lodhi  Vs. The State of Madhya Pradesh and others