NEW DELHI: In the case of SARITA BAKSHI v. STATE & ANR, Delhi High Court, the plea was filed by a wife challenging an order of the Family Court directing her husband to pay revised maintenance of Rs. 6,000 per month.
The husband got married again and had a girl child out of his new marriage. Husband is living with his 79 yrs old Father and divorced sister along with his second wife and a daughter.
It noted that the father of the husband was a non-earning member and depends upon his son. The Court also opined that the counsel for the petitioner was not able to point out as to whether the 79 years old father of the husband was not being maintained by him or was able to maintain himself having some income of his own.
The Court said, “It is the moral and legal duty of the respondent (son) to look after his father in the golden years of his life and ensure every comfort and support to him as „He is because of Him‟. I, therefore, am of the opinion that in absence of any proof of independent income of the father, at this stage, the respondent must be spending some amount on looking after his father. The learned Principal Judge of Family Court has rightly held the same,” the Court observed.
“The maintenance cannot be enhanced from the date of the application as the present petition is under Section 127 Cr.P.C. wherein, the maintenance amount has to be decided on the basis of the date on which the salary of the husband had changed,” the Court ordered.
Accordingly, the plea was disposed of.