Mother entitled to maintenance from children despite husband’s support, rules Kerala High Court

The Kerala High Court on Monday ruled that a mother is entitled to claim maintenance from her children, even if she is being supported by her husband. The court held that if a son is unable to maintain his mother and the support of his husband is inadequate, he may be legally bound to bear the cost of maintaining his mother.

According to a Times of India report, Justice Kausar Edappagath delivered the verdict while dismissing the plea of ​​a Malappuram resident, who was ordered by a family court to pay Rs 5,000 per month as maintenance to his 60-year-old mother.

The petitioner argued that his mother was being supported by his fisherman father and he earned adequate income from rearing cattle. The petitioner said that since he works in the Gulf and has to maintain his wife and child, the order of the family court is not legally sustainable.

However, the court rejected these arguments, stating that a mother’s right to claim maintenance from her children is independent of her husband’s obligation to support her.

The HC said the scheme under Section 144 of the BNSS clearly states that a mother has the right to claim support from her children under Section 144(1)(d), as well as the right to claim maintenance from her husband under Section 144(1)(a).

Thus, if the mother is unable to support herself or if the husband’s support is inadequate, the son may still be legally obligated to contribute, even if the husband does so.

The court further said that it is quite unfortunate and inappropriate for a son to advise his elderly mother to rear cattle for her sustenance. It also stressed that expecting a 60-year-old mother to engage in such labor represents a ‘serious moral failure’ and a lack of care and support for elderly parents. The judgment also made it clear that a son cannot escape the legal obligation to maintain his aged parents merely because he has a family of his own.

Earlier, the Nagpur bench of the Bombay High Court had ruled that senior citizens cannot be forced to live with ‘abusive’ children to receive financial maintenance.

Justice RM Joshi said, “There may be situations in which senior citizens are physically or emotionally abused by children, and in those circumstances, they cannot be forced to share the house with abusive children.”