IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 39 of 2010()
1. PAULOSE, S/O.OUSEPH,
... Petitioner
Vs
1. ROSSY, W/O.OUSEPH,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.AYPE JOSEPH
For Respondent :SMT.P.A.ANITHA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/03/2010
O R D E R
M.N.KRISHNAN, J.
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Revision Petition (F C) No.39 of 2010
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Dated this the 30th day of March 2010
O R D E R
This revision is preferred against the order of the Family
Court, Ernakulam in M.C. 258/08. An 81 year old father and 77
year old mother had moved an application for maintenance
against their eldest son and the Family Court refused
maintenance to the father and granted maintenance at the rate
of Rs.1,000/- per month to the mother. The son is even
challenging that order of maintenance passed in favour of his
own mother. It is true that there is some point between the
father and the son for the reason that the father is having
properties according to him. But mother is a person who has to
either depend upon the husband or the son. That is why it is
stated that a lady under the old times was always a dependent.
When she is young, she is at the mercy of her parents, when she
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becomes a wife, she becomes a person dependent on her
husband, when husband also leaves the world, she has to depend
the children and thus the right of a women in an Indian society
had been always in this fashion. The son owes everything to his
mother for his birth and it is the duty of the son to realise that
the mother had suffered a lot not only when he was in her womb
but subsequently also to bring him up in the family. So it is
really a duty which is attached to a son to look after his mother
and it is very unfortunate that now such mothers have to
approach Court of law for getting maintenance for their lively
hood. The mother is not a person with much income. The
mother, it is submitted, is having some ailment and therefore,
she requires medical expenses as well. Therefore, taking into
consideration the fact that the mother has also to pull on and
even if the other children are prepared to give something, the
son cannot get rid of his responsibility to look after his mother.
Therefore, the order of maintenance at the rate of Rs.1,000/- per
month granted by the Family Court cannot be faulted with. I
decline to interfere with the order but I make it clear that the
Court will have independent consideration regarding the father’s
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claim against which also I am told a revision is filed.
The revision petition is dismissed accordingly.
M.N.KRISHNAN, JUDGE
Jvt