By Dr. K. Shivaram, Senior Advocate
Rahul K. Hakani | Shashi Bekal
Advocates
23. Ashok Kumar Joshi vs. Achlaram Bhargava Joshi
AIR 2023 Rajasthan 97
27th March, 2023
Maintenance of parent — Father living on pension since 2008 — Father unable to maintain himself — Son bound to maintain. [Section 4, Maintenance and Welfare of Parents and Senior Citizens Act, 2007].
FACTS
The Petitioner (Ashok Kumar Joshi - son) was the eldest son of the Respondent (Achlaram Bhargava Joshi - father). The Respondent was working in the department of B.S.N.L. until his retirement in 2008. Thereafter, the Respondent was living off of pension and other rental income. The Petitioner and Respondent were staying together till 2013. The Respondent was unable to maintain himself, and hence, he filed an application for maintenance from his eldest son (the Petitioner) in 2018. The lower court held that the Petitioner was bound to maintain the Respondent and directed the Petitioner to maintain the Respondent by paying a monthly sum.
The Petitioner - Son preferred a Writ Petition before the High Court.
HELD
The Hon’ble Court observed that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was a special legislation enacted to safeguard the rights and interests of a vulnerable section of the society, i.e., senior citizens. It held that the eldest son was bound to pay monthly maintenance to his aged father (Respondent) for expens
