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Told to pay more than brother for mom's care, man moves HC

Told to pay more than brother for mom's care, man moves HC

Time of India09-05-2025

Ahmedabad: Reminiscent of the movie "Baghban", a dispute over caring for elderly parents reached the
Gujarat high court
where a son's mathematical approach to filial duty collided with judicial wisdom.
A govt schoolteacher challenged his obligation to pay more for his elderly mother's maintenance than his younger brother.
He found it unfair that the district authorities had ordered him to pay Rs 7,000 as monthly maintenance to his mother whereas his sibling, who had an equal share in the family's 'assets', was required to pay only Rs 3,000. His contention: Since the 'assets' had been equally distributed between them, the 'liabilities' must also be equally shared.However, the court showed him the door, saying paying a couple of thousands more to an aged mother should not be so troublesome for a son for it to become an "ego issue". The two brothers living in Aravalli district entered into an MoU in the presence of their family members. By this agreement, the assets of their father were divided equally and the liabilities too — the elder brother would look after the father, whereas the mother would live with the younger one, mirroring the heart-wrenching division of filial obligations as portrayed in "Baghban".After their father passed away, their 79-year-old mother submitted an application to the additional collector and sub-divisional magistrate (SDM) under the provisions of the
Maintenance and Welfare of Parents and Senior Citizens Act
, 2007, seeking Rs 40,000 as monthly maintenance from her two sons and Rs 2 lakh towards expenditure for her knee replacement surgery.
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She stated that her elder son was a govt schoolteacher and therefore had income that supplemented his earnings from agriculture.On Sep 17, 2024, the SDM ordered the woman's elder son to pay her Rs 7,000 and the younger one to pay Rs 3,000 per month. Both brothers were directed to share the medical expenses of the mother equally.The elder son unsuccessfully appealed before the district collector.
This brought him to the HC, where his counsel contended that the authorities passed the orders without giving any reasoning and that the liabilities should have been fixed on both sons equally. The maintenance order should be quashed because it was unfair. The mother highlighted only the petitioner's income, but she did not say anything about his brother's income, he submitted.However, Justice Mayee pointed out from the authorities' order that the petitioner is a govt schoolteacher and earns from the agricultural land as well, but he has not been able to establish that his younger brother had any extra income other than from agriculture. "No infirmity can be attached to the said reasoning of the impugned orders. The impugned orders are just and proper," the HC order reads.

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