Brother can't be mute spectator to divorced sister's miseries: HC

New Delhi: A brother cannot be a mute spectator to his divorced sister's miseries when she needs his financial help, the Delhi HC observed while holding that children also have a duty to take care of their aged parents during the golden days.

The court's observation came while holding as meritless a woman's contention that her ex-husband's divorced sister cannot be held to be a dependent.

In my opinion, this stand is meritless to the extent that in India, the bond between siblings and their dependence on each other may not always be financial but it is expected that a brother or sister will not abandon or neglect his or her sibling in time of need, Justice Swarana Kanta Sharma said, adding that Indian culture champions togetherness amongst family members.

Festivals, norms, and traditions in India are an affirmation and recognition of care, affection, and responsibility of siblings towards each other.

The court, which was hearing a plea by the woman seeking enhancement of maintenance to be paid by her ex-husband, noted that the man has a 79-year-old dependent father, a divorced sister, his second wife, and a daughter to maintain.

There is no skepticism about the fact that the sister receives maintenance from her husband, but the brother can't be a mute spectator to her misery if and when she needs his help. Some provision needs to be made in this regard.

Furthermore, it is the duty of the son/daughter to take care of his/her parents during the golden days of their life. The father of respondent no. 2 (man) is a non-earning member of the family who should enjoy his old age seeing his family happy. Thus, to make sure that the son is able to fulfil the wishes and wants of the father during his golden years, it becomes vital to consider some amount as expenditure for looking after and well-being of his father while determining the amount of maintenance, it said.

The HC enhanced the amount of maintenance to be given to the woman from Rs 6,000 to Rs 7,500/month.