Man's Legal, Moral And Social Duty To Maintain Wife And Mother During Their Lifetime: Madras High Court

The Madras High Court has held that it is a well-established principle that it is a man’s legal and moral duty to maintain his mother and wife during their lifetime.

The Court was considering a Revision Petition against an order of the Family Court by which the Respondent was awarded ₹21,000/-per month, as maintenance allowance. 

The bench of Justice Shamim Ahmed observed, "It is a well-established principle that it is a man’s legal and moral duty to maintain his mother/wife during her life time. This responsibility stems from the inherent obligation of children to care for their parents. Similarly, it is the duty of the husband and children to provide for the wife and mother during her old age, ensuring she is supported and cared for. This duty is not only a moral imperative but also a legal obligation in many jurisdictions, where laws mandate that adult children provide financial support to their aging parents. By fulfilling this duty, individuals demonstrate respect, gratitude, and compassion towards their mothers, who have devoted themselves to nurturing and caring for their families. Ultimately, showing favour to one's mother and prioritizing her well-being in old age is a fundamental aspect of familial responsibility and societal values. By fulfilling this duty, individuals can ensure their mothers live their later years with dignity and care."

The Petitioner was represented by Advocate N.TamilMani.

Facts of the Case

Counsel for the Petitioners submitted that the Respondent is the wife and mother of the Petitioner No.1 and 2, respectively. The marriage between the Petitioner No. 1 and the Respondent was solemnized. 

It was the Petitioner's case that the Respondent herself deserted the Petitioners and left the matrimonial house voluntarily during the year 2015 and after 4 years only the Respondent filed Maintenance Case before the Family Court, Madurai claiming ₹40,000/- as monthly maintenance and for the recovery of golden jewels weighing 290 sovereigns which are said to have been given as marriage gift and for recovery of Rs.5,00,000/- from the Petitioners herein. Thus, the Respondent filed a Petition under Section 125 of Cr.P.C before the Family Court, Madurai seeking maintenance and the Family Court awarded ₹21,000/- as monthly maintenance to the Respondent.

Counsel for the Petitioners further submitted that the 1st Petitioner, who is over 60 years old, is suffering from health issues and is currently resting at home without any source of income and the 2nd Petitioner's income is meager, and he is struggling to manage his expenses, including purchasing medicines for his father, as well as taking care of his wife and children. He also submitted that the Respondent is a lady with sufficient means, as evidenced by her ability to maintain a car for personal use and employ a driver. The Counsel further submitted that the Family Court failed to consider that the Respondent is residing separately from the Petitioners without any just or reasonable cause, and therefore, she is not entitled to claim maintenance from the Petitioners. It was also submitted that the Petitioners are willing to take care of the Respondent, who is their wife and mother.         

However, the Family Court, after recording the statements of the contesting parties, failed to properly appreciate the facts and evidence on record and partly allowed the Application filed by the Respondent, awarding her a sum of ₹21,000/- per month as maintenance.

Reasoning By Court

The Court held that it is a well-established principle that it is a man’s legal and moral duty to maintain his mother/ wife during her lifetime.

"It is the social responsibility of the husband and sons to maintain their wife and mother, as the invaluable role and care of a mother cannot be compensated, no matter how much her children pay her back in a lifetime. Moreover, no amount of payment can ever bear the pain and sacrifices that a mother endured at the time of their birth", the Court observed.

It pointed out that the Counsel for the Petitioner failed to point out any such illegality or impropriety or incorrectness in the impugned order.

"The amount fixed for maintenance was Rs.21,000/- for the Respondent, which, in the present days of rising prices and high cost of living, cannot be considered excessive or disproportionate. The provisions of Section 125 of Cr.P.C are beneficial provisions, which are enacted to stop the vagrancy of a destitute wife/mother and provide some succour to them, who are entitled to get the maintenance which cannot be denied", the Court observed.

The Petition was accordingly dismissed.

Cause Title: R. Ananda Prakash vs. A. Malarvizhi

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