Mother Can Seek Maintenance From Children Even If Husband Supports Her: Kerala High Court
A revision petition was filed by a man challenging an order of the family court which required him to pay Rs. 5000 per month to his 60-year-old mother.
Justice Kauser Edappagath, Kerala High Court
The Kerala High Court has held that a woman can seek maintenance from her son even when her husband is alive and providing for her.
A revision petition was filed by a man challenging an order of the family court which required him to pay Rs. 5000 per month to his 60-year-old mother.
A Bench of Justice Kauser Edappagath held, “In other words, 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 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 BNSS (Section 125(1)(d) of Cr.P.C.) to support his mother if she needs it.”
Advocate Jamsheed Hafiz appeared for the Petitioner.
The dispute began when the mother approached the family court seeking Rs. 25,000 per month in maintenance under Section 125 CrPC. After considering the evidence, the family court granted her Rs. 5000/- per month. Dissatisfied, the son working abroad in Gulf challenged the decision in the High Court.
The High Court criticized him, observing that it was both unfortunate and inappropriate for a financially well-off son to tell his elderly mother to sustain herself by raising cattle. The Court said, “Cattle rearing is a physically demanding work. Expecting a sexagenarian mother to perform such labour highlights significant moral failure on the part of the son and disregard for the mother’s well-being and dignity. This scenario typically implies a lack of care, support, and respect for an elderly parent who likely depends on or deserves the support of her wealthy child.”
The Court further noted that the son failed to produce any evidence proving that the mother had an independent income. His argument about him supporting his own wife and child was also rejected.
The Court held that, “A son cannot escape from the liability to maintain his aged parents merely because he is married and has a family.”
The Court found no reason to interfere with family court’s order and dismissed the revision petition.
Cause Title: Farookh v. Kayyakutty, [2025:KER:83182]
Appearance:
Petitioner: Advocates Jamsheed Hafiz and T.S. Sreekutty
