Allahabad High Court Orders Daughter to Contribute to Mother's Medical Expenses Amid Maintenance Dispute

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Synopsis

Court advised both mother and daughter to work toward reconciliation, quoting the Sanskrit proverb "मातृ देवो भवः" and Hindi proverbs like "क्षमा बड़न को चाहिए, छोटन को उत्पात"

In a recent order, the Allahabad High Court ordered a daughter to take responsibility for paying a portion of her mother’s medical bills, emphasizing her duty to maintain their relationship.

The case involved one Sangeeta Kumari, who challenged an order of the family court directing her to pay Rs 8,000 per month as maintenance to her mother, who is currently hospitalized in Ranchi.

The dispute arose after the mother, in need of support, filed an application under Section 125 of the Criminal Procedure Code (CrPC) seeking maintenance from her daughter, which was granted ex-parte by the family court.

Sangeeta, dissatisfied with the family court's order, filed a recall application, arguing that her mother had four other daughters who also had shares in her properties and should contribute to her care. She contended that it was unjustified for her mother to seek maintenance exclusively from her, despite being neglected by the rest of the family.

However, her recall application was rejected, prompting her to challenge both the maintenance order and the rejection of the recall application before the high court by way of an application under Section 482, CrPC.

The bench of Justice Saurabh Shyam Shamshery had previously issued an order on August 14, 2024, regarding the potential for a settlement between the parties.

It was noted that the relationship between the mother and daughter was strained, but the court expressed hope that the two might reconcile. Sangeeta’s counsel, Adv. Prem Sagar Verma, had indicated at the time that the matter might be resolved outside the courtroom since the dispute involved a familial issue.

On September 26, 2024, the court heard the case again, with the focus now shifting to the immediate medical needs of the mother, who is currently receiving treatment at Ispat Hospital, Ranchi.

Court was informed that Sangeeta Kumari had not yet met her mother at the hospital, and further noted that medical expenses had been incurred during the mother’s hospitalization.

In a compassionate yet firm approach, the court ordered Sangeeta to bear at least 25% of the outstanding medical costs as a sign of her responsibility toward her parent.

Justice Shamshery emphasized the moral duty of children to care for their parents, advising the daughter to come forward and fulfill her obligations. The court also advised both parties to work toward reconciliation, quoting a Sanskrit proverb in the process, which translates to "Mother is akin God" ("मातृ देवो भवः").

Case Title: Sangeeta Kumari v. State of U.P. and Another