Additional Sessions Judge Savita Rao asked North Delhi resident Gorang Haldar to pay Rs 1,000 as maintenance, on a petition filed by his 74-year-old mother Asha Lata Haldar, challenging a magisterial court order declining her interim maintenance plea.
The court gave the relief as a temporary measure till the disposal of her petition by the lower court.
"He cannot be presumed to be not working or non-earning and therefore cannot be absolved of his responsibility to maintain his mother.
"Since the petitioner is drawing pension of Rs 1,000 per month, in addition, the respondent is directed to make the payment of Rs 1,000 per month to the petitioner from the date of filing of petition till the disposal of petition before the trial court," the judge said.
The woman had moved the sessions court challenging the magisterial court decision, which had refused to grant her maintenance.
The mother in her plea had claimed maintenance from her son on the ground that he had failed to provide any monetary help towards her food, clothing and other needs.
She had also told the court that the pension of Rs 1,000 she receives was not enough to maintain herself.
During the course of arguments, it was admitted by the son that he and his family are residing in the house owned by his mother and they are not paying any rent for it.
The son, in reply to his mother's petition, had also said that he is unemployed due to bad health, so his wife and children are contributing towards the households expenses.
The court, however, rejected his argument saying that in the absence of any medical document to show that he had been keeping ill, he cannot be absolved of his responsibility to maintain his mother.
