The Delhi High Court has observed that a brother cannot silently watch the troubles of his divorced sister at a time when the sister is in need of financial help from her.

The court also observed that it is the duty of children to take care of their aged parents in the golden days of life.

In a related case, a woman had claimed in a petition filed in the court that the divorced sister of her ex-husband could not be treated as a dependent.

Describing this claim as "baseless", the court made the above remarks. 

Justice Swaran Kanta Sharma said, "In my opinion, this stand is baseless.

In India, the relationship and interdependence of brothers and sisters may not always be financial, but it is expected that the sister or brother will not leave or ignore each other in times of need.

He said that Indian culture promotes solidarity among family members. 

The High Court said that due to the affection of the family members towards each other, they stay connected and stand firm for each other. 

She said, "Specifically, in the relationship of brother and sister there is a deep sense of taking care of each other.

India's festivals, rules and traditions promote caring, affection and taking responsibility for each other.

The petitioner requested that the maintenance paid to her by her ex-husband be increased.

While hearing the petition, the court said the man has a 79-year-old father, a divorced sister, second wife and a daughter who are dependent on him. 

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 a time when he needs her."

He has to make provision in his list of expenses to help his sister.

He said, "Besides it is also the duty of the son/daughter to take care of his parents during the golden days of his life.

The father of respondent number two (male) is not earning and he should enjoy his old age seeing his family happy.

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 every matter of relationship cannot be reduced to mathematical formula only and each case has to be decided keeping in view its specific circumstances.

He said that while deciding the maintenance, financial capacity undoubtedly has to be kept in mind and likewise the entire family situation also needs to be kept in mind.

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 on the income of the person, four people are sheltered, he, his ex-wife, his second wife and his daughter from second marriage and besides that he has to pay for his father and divorced sister.

"Therefore, the income has to be divided into five parts, of which two parts will be given to the respondent, being the breadwinner of the family and one part each to the dependents," it said.

The court increased the amount of maintenance to the petitioner from Rs 6,000 to Rs 7,500.