Brother can’t be mute witness to divorced sister’s misery: HC
Abstract
NEW DELHI: A brother cannot be a mute spectator to his divorced sister’s miseries when she needs his financial help, Delhi High Court has noted, underlining that children also have a duty to take care of their aged parents.The court’s observation came while holding as “meritless” a woman’s claim 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.
“In particular, the relationship between a brother and a sister has a deep sense of care towards one another. Festivals, norms, and traditions in India affirm and recognise the care, affection, and responsibility of siblings towards each other,” The court said.
It was hearing a plea by the woman seeking enhancement of maintenance to be paid by her ex-husband. The court noted that the man has a 79-year-old dependent father, a divorced sister, his second wife, and a daughter to maintain.[Read More]