Kerala High Court recently reaffirmed the legal and ethical duty of children to support their elderly parents, dismissing a revision petition from a man working in the Gulf. He challenged a Family Court ruling that mandated him to provide his mother with monthly maintenance of Rs 5,000.
The case originated when a 60-year-old woman approached the family court, requesting Rs 25,000 monthly from her son, who is employed abroad. She stated she had no stable income and relied financially on others, despite her husband being alive.
In defense, the son contended that his mother had sufficient earnings from raising cattle and that her husband, a fisherman with a boat, was taking care of her needs. He further argued against the burden of maintenance, citing his responsibilities towards his wife and child.
After reviewing the evidence, the family court set the maintenance amount at Rs 5,000 per month. The son subsequently appealed the decision in the High Court.
High Court Judgment
The Kerala High Court Bench, led by Justice Kauser Edappagath, ruled that “the entitlement of a mother to seek maintenance from her children is separate from her husband’s duty to support her. A mother can ask for maintenance from her offspring even if her husband is providing for her, and the son may be legally obligated to contribute if she is unable to support herself and her husband’s support is insufficient.”
The court elaborated, “The adequacy of a woman’s husband’s financial support does not release the son from his statutory duty under Section 144(1)(d) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (equivalent to Section 125(1)(d) of the Code of Criminal Procedure) to assist his mother when she requires it.”
“The mother filed a maintenance petition under Section 125 CrPC (now Section 144 BNSS), aimed at social welfare rather than criminal proceedings. It empowers a parent in need to seek support from their children,” explained Alay Razvi, Managing Partner of Accord Juris.
“The ruling favored her as she genuinely required assistance, her husband’s financial contribution was lacking, and the son possessed adequate means yet refused to provide help. The court also stated that the son’s family responsibilities or unclear claims regarding her income did not excuse his legal obligation,” Razvi added.
Consequences for Non-Compliance
“If a son does not comply with the order without a valid reason, the Magistrate may issue a warrant, leading to imprisonment for the specified duration or until the payment is fulfilled,” noted Naman Singh Bagga, Partner at C&S Partners.
“While maintenance proceedings initiated by the mother are primarily civil in nature, non-compliance can carry penal repercussions. However, the civil nature of maintenance proceedings does not alter merely because non-compliance results in penal consequences,” Bagga stated.
This ruling emphasizes that the duty toward elderly parents remains steadfast, regardless of individual circumstances or convenience. The court emphasized that personal financial constraints or legal ambiguities cannot be used as justifications to evade this responsibility.