AHMEDABAD: A man has been directed by state courts to pay regular maintenance amount to his aunt, who had filed a complaint under the domestic violence laws claiming that she was not looked after well by her nephew. She appealed that her nephew, Uday, must take care of her as he had inherited property from her husband only on this ground.
According to the complainant Kapilaben, her husband Gunvantlal Shah, a businessman in Valia town in Bharuch district passed away in December 2004, leaving behind a sizable property. As per the will of Shah, the property was distributed among his nephew Uday and his sons, with the condition that those inheriting the property would have to look after Shah's widow Kapilaben.
However, the arrangements didn't work and Kapilaben had to approach a magisterial court in Valia last year with a complaint under the Protection of Women from Domestic Violence Act. The magistrate passed an interim order in September last year, directing Uday and his wife to pay Rs 5,000 per month to Kapilaben towards maintenance. Uday challenged the order before a sessions court in Bharuch, but his plea was dismissed in August this year.
Finally, the couple approached the high court claiming that Kapilaben is their aunt and they are not legally responsible to pay her any maintenance amount because they do not fall within the definition of domestic relation with Kapilaben. Their counsel contended that by ignoring this aspect of relationship, the lower courts had committed a grave error in granting interim maintenance to the aunt.
However, the high court took into consideration the factual aspect of the case and held that at the time of preparing his will, Shah had 51 per cent share in a factory preparing cooling towers for air-conditioning plants. He had left property for his nephew only on the condition that his widow would be looked after properly. Justice Akil Kureshi, who heard the case, concluded that the lower courts' decision needed no interference by the high court because not only they are interim directions, but also that a sum of Rs 5,000 does not look beyond their reach.
After dismissing the plea of the couple, the high court directed the magisterial court to expedite the pending proceedings under the DV Act.
According to the complainant Kapilaben, her husband Gunvantlal Shah, a businessman in Valia town in Bharuch district passed away in December 2004, leaving behind a sizable property. As per the will of Shah, the property was distributed among his nephew Uday and his sons, with the condition that those inheriting the property would have to look after Shah's widow Kapilaben.
However, the arrangements didn't work and Kapilaben had to approach a magisterial court in Valia last year with a complaint under the Protection of Women from Domestic Violence Act. The magistrate passed an interim order in September last year, directing Uday and his wife to pay Rs 5,000 per month to Kapilaben towards maintenance. Uday challenged the order before a sessions court in Bharuch, but his plea was dismissed in August this year.
Finally, the couple approached the high court claiming that Kapilaben is their aunt and they are not legally responsible to pay her any maintenance amount because they do not fall within the definition of domestic relation with Kapilaben. Their counsel contended that by ignoring this aspect of relationship, the lower courts had committed a grave error in granting interim maintenance to the aunt.
However, the high court took into consideration the factual aspect of the case and held that at the time of preparing his will, Shah had 51 per cent share in a factory preparing cooling towers for air-conditioning plants. He had left property for his nephew only on the condition that his widow would be looked after properly. Justice Akil Kureshi, who heard the case, concluded that the lower courts' decision needed no interference by the high court because not only they are interim directions, but also that a sum of Rs 5,000 does not look beyond their reach.
After dismissing the plea of the couple, the high court directed the magisterial court to expedite the pending proceedings under the DV Act.
https://timesofindia.indiatimes.com/city/ahmedabad/High-court-orders-man-to-pay-maintenance-to-aunt/articleshow/6897554.cms
MORAL OF THE STORY: With rights come duties..
