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​Whether DV act proceedings can be initiated against grandsons to claim monetary and medical relief

LIYANA SHAJI ,
  18 June 2020       Share Bookmark

Quick Summary
This case examines whether grandsons can be compelled to provide financial and medical support to their grandmother under the Domestic Violence Act. The grandmother sought maintenance and medical expenses due to her poor health and the petitioners' failure to provide adequate care. The High Court ruled that grandsons could be liable for maintenance, but only if their father was deceased or unable to provide support himself.

Court :
Bombay High Court
Brief :
The High Court held that the Grandsons would have been liable to pay maintenance to grandmother under Sections 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided that their father had not been alive and not capable of paying maintenance.
Citation :
CRIMINAL WRIT PETITION NO. 892 OF 2009 Ganesh S/o. Rajendra Kapratwar, Abhijeet v. The State of Maharashtra

Coram: Justice P.R. Borkar

Facts in brief

In this present case, the petitioners were not providing maintenance to the respondent, the mother and were also disputing with her on trifle matters and causing her mental torture. The petitioners were threatening to dispossess her forcibly and she is likely to lose shelter. It is further stated that respondent is suffering from so many diseases such as blood pressure. As there is cataract in her eye, doctor advised surgery. Due to lack of money, she is unable to undergo surgery and therefore she wanted maintenance, so also medical expenses from the petitioners.

Judgment

The  High  Court held that the Grandsons would have been liable to pay maintenance to grandmother under Sections 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided that their father had not been alive and not capable of paying maintenance.

 
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Published in Family Law
Views : 654




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