'Indian Values Being Eroded With Adoption Of Western Culture': Calcutta HC Orders Daughter To Pay Maintenance To Parents, Provide Accommodation

The Calcutta High Court on Wednesday directed a daughter to allow her aged parents to reside with her in a residential flat which had been gifted to her by her parents and further restrained her from alienating the disputed flat during the life time of both her parents.

She was also ordered to pay a monthly maintenance of Rs 10,000 to meet the basic needs and medical expenses of her aged parents. 

Justice Kesang Doma Bhutia observed at the outset that the instant case represents how dynamic human relationship can be in the present socio economic condition. She further observed while directing the daughter, 

"The petitioner is hereby directed to provide shelter to her parents in the flat where they are residing with her but in different mess during their lifetime and to see they live peacefully their remaining days in the house which originally belonged to them. She is further restrained from alienating the disputed flat during the life time of her both parents. She is further directed to pay Rupees Ten Thousand per month towards their maintenance to meet their basic needs and medical expenses."

The Court further noted that the parents had provided a good life and good education to their only daughter who is the petitioner in the instant case and had also gifted the flat where the daughter is currently residing. It was also noted that the aged father had not only gifted the family flat to the daughter but had also purchased another flat in the name of his daughter in the year 2012.

Opining that the relationship between the petitioner and her aged parents had deteriorated post her marriage as a result of which the aged father had to run pillar to post seeking shelter and security,  the Court remarked further, 

"Such facts show how much the father used to love his daughter and who appears to be the apple of the eyes of her father. The father who had never imagined that after entry of a divorced stranger in the life of his daughter the relationship and equation between the daughter and father would deteriorate to such an extent the father who is a chronic kidney patient and who has to undergo regular dialysis and in fragile physical condition has to run helter and skelter before different authorities to seek relief for his safety and social security."

Pertinently, the Court observed that once a gift deed in respect of the transfer of any immovable property has been executed in favour of a child, such a gift deed cannot be cancelled or declared void under Section 23 in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Maintenance Act) unless the deed in question is conditional in nature. Reliance was applied on the Division Bench judgment of the Court in Debashish Mukherjee @ Zen Acharya vs. Dr. Sanjib Mukherjee wherein it had been held, "once the parents executed deed of transfer of their immovable property in favour of their child/children such deed cannot be cancelled or declared void by Maintenance Tribunal until and unless such deed executed by parents in favour of the child contains a clause that the donee has to maintain and provide basis amenities and physical needs to the donors in future."

"Since the gift deed in question is not being a conditional gift deed the provision of Section 23 of Maintenance and Welfare of Parents and Senior Citizen's Act,2007 is not attracted in view of the decision of Division Bench in Debashish Mukherjee @ Zen Acharya (supra). Therefore, this Court is of view the impugned order passed by Maintenance Tribunal in respect of cancellation of gift deed is not maintainable", the Court observed. 

Justice Bhutia however noted that the Court cannot be unmindful to the fact that the father is nearly 72 years old and that he undergoes regular kidney dialysis which is a very expensive treatment. It was further observed that the aged parents have no other alternative accommodation save the flat in question which they had gifted to their unmarried daughter without any apprehension that one day they would be driven away from their own residential flat which they had gifted to their only daughter to secure her life socially and financially.

Opining further that the Maintenance Act was enacted to protect the rights of senior citizens so that they do not live a life of destitute, the Court remarked further, 

"The Maintenance Act, which has come into existence in 2007 has been enacted to safeguard the interest of the parents senior citizens guaranteed and recognized under the constitution and to provide them maintenance so that in the fag end of their lives they do not have to lead a life of vagrancy perhaps day by day we are departing away from our traditional family value. In traditional Indian society the children even after attaining the majority and until they become fully independent they continue to reside under the shelter and protection of their parents like in the present case. Now, with globalization and with all modern technology we find drastic change in socio economic conditions and Indian values being eroded with adoption of the western culture and western tradition. Now, it has become a part of Indian society to see aged parents and aged senior citizens seeking shelter of the Courts for their social and economic safety as we see some of them driven away from their home by their own children and not being provided proper maintenance and basic necessaries. And some is taking shelter in old age home run by government or by NGOs."

The instant plea had been filed under Article 227 of the Constitution of India by the petitioner against the order dated July 10, 2017 by the Maintenance Tribunal cancelling the gift deed executed in favour of the petitioner by her father. The father of the petitioner had filed an application under Section 4 of the Maintenance Act seeking maintenance as well as the cancellation of the gift deed executed by him in 2017. 

After being driven out of the residential flat by the daughter, the parents had been residing in the house of their married son. The concerned Tribunal had cancelled the gift deed as well as directed the son to pay maintenance of Rs 5000 per month to his parents. Police protection had also been granted to the aged parents by the Tribunal. 

The High Court on Wednesday ordered that the son should pay a maintenance amount of Rs 10,000 per month to his parents instead of only Rs 5000 per month. 

Case Title: Piyali Tewari Dey v. Baidyanath Dey & Ors

Case Citation: 2022 LiveLaw (Cal) 74

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