Mother entitled to maintenance from son even if husband supports her, says Kerala HC; grants Rs 5,000 maintenance

Kerala HC grants Rs 5,000 maintenance

The Kerala High Court recently reaffirmed the legal and moral obligation of children to maintain their aged parents, dismissing a revision petition filed by a Gulf-based man challenging a Family Court order directing him to pay monthly Rs 5,000 maintenance to his mother.

The dispute reached the family court after a 60-year-old woman sought Rs 25,000 a month from her son, who works in the Gulf. She told the court she had no regular income of her own and was financially dependent, even though her husband is still alive.

Contesting her claim, the son argued that she earned enough by rearing cattle and that her husband, a fisherman who owns a boat, was providing for her. He further asked that he should not be burdened with maintenance as he has a wife and child to support.

After examining the evidence on record, the family court fixed the maintenance at Rs 5,000 per month. The order was later challenged before the High Court by her son.

High Court judgement

Kerala High Court Bench of Justice Kauser Edappagath held, “The right of a woman to claim maintenance from her son or daughter is independent of her husband’s obligation to maintain her. A mother can claim maintenance from her children even if her husband is maintaining her, and the son can be legally required to contribute if the mother is unable to maintain herself and the husband is not providing sufficient support."

The Court further said, "The fact that the husband of a woman has sufficient means and provides maintenance to her would not absolve the son of his independent statutory obligation under Section 144(1) (d) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Section 125(1)(d) of Code of Criminal Procedure (CrPC) to support his mother if she needs it”.

“The mother filed a maintenance petition under Section 125 CrPC (now Section 144 BNSS), which is a social-welfare provision, not a criminal case. It allows a parent unable to maintain herself to seek support from her children," said Alay Razvi, Managing Partner, Accord Juris.

"The Court ruled in her favour because she genuinely needed support, her husband’s contribution was inadequate, and the son had sufficient means but refused to help. It also held that his marital obligations or vague claims about her income did not absolve his statutory duty,” Razvi said.

What happens if son fails to comply with the order?

“If a son fails to comply with the order without sufficient cause, the Magistrate may issue a warrant and sentence him to imprisonment for the period prescribed therein or until payment is made,” said Naman Singh Bagga, Partner, C&S Partners.

“The proceedings filed by the mother i.e., maintenance proceedings are largely civil proceedings, but non-compliance can lead to penal consequences. Merely because the consequences of non-compliance are penal in nature, maintenance proceedings do not ipso facto become criminal in nature,” Bagga said.

The judgment underlines that responsibility towards elderly parents does not shift based on convenience or circumstance. The court has made it clear that personal expenses or legal loopholes cannot be used as a shield to step away from this responsibility.