The Delhi High Court has said in one of its judgments that no brother can silently watch the problems of his divorced sister. The court said that the brother cannot remain silent when the sister needs financial help. Along with this, the Delhi High Court also said that it is the duty of the children to take care of their aged parents.
In fact, in a related case, a woman had filed a petition in the court claiming that the divorced sister of her ex-husband cannot be considered a dependent. The court made this observation calling the claim baseless.
Justice Swaran Kanta Sharma, who is hearing the matter, said, “I am of the view that this claim is baseless. In India, brother and sister relationship and their dependence on each other may not always be financial, but it is believed that in times of need, sister or brother will not leave each other in trouble or ignore them. He said that Indian culture promotes solidarity among family members.
The High Court said that the family members are attached to each other because of their affection and stand for each other in bad times. The court said, “especially in the relationship of brother and sister, there is a deep sense of caring for each other. India’s festivals, rules and traditions promote caring, affection and taking responsibility for each other.
Please tell that the petitioner requested the court to increase the maintenance paid to her by her ex-husband. Hearing the petition, the court observed that the 79-year-old father, a divorced sister, second wife and a daughter are dependent on the person. The court said, “There is no doubt that the sister gets the maintenance from her husband, but the brother cannot silently watch the troubles of his sister at such a time, that too when she needs it.” He has to make provision in his list of expenses to help his sister.
The court said, “Besides, it is also the duty of the son/daughter to take care of his parents during the golden days of his life. Therefore, in order to ensure that the son is able to fulfill the wishes and needs of his father, it is necessary to take into account that the expenses incurred on the care of his father are also taken into account while deciding the amount of alimony. ”
The court said that the man gets a salary of Rs 35,000 per month and his son from his first wife is an adult. The court said that there are four people dependent on the income of the individual. In which he, his ex-wife, his second wife and his daughter from second marriage as well as his father and divorced sister also have to meet expenses.
The court said, “Therefore, the income will have to be divided into five parts, of which two parts will be given to the respondent being the earning member of the family and the rest will be given one share to the dependents.” The amount of maintenance payable to the petitioner has been increased from Rs.6,000 to Rs.7,500.