Kerala High Court Upholds Maintenance Order for Aged Mother Despite Husband's Support

Son's Filial Duty to Provide Financial Assistance Emphasized Under Bharatiya Nagarik Suraksha Sanhita, 2023

In a significant judgment, the Kerala High Court has dismissed a revision petition challenging a Family Court's order directing a son to pay maintenance to his aged mother, affirming the independent statutory obligation under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, akin to Section 125 of the Cr.P.C. The case, Farookh v. Kayyakkutty@ Kadeeja, highlights the legal and moral duty of children to support their parents, irrespective of other family obligations.

Presided by Dr. Kauser Edappagath, J., the High Court reiterated the principle that a son cannot evade his responsibility to provide financial support to his mother on the grounds that her husband is already providing maintenance. The petitioner, employed in the Gulf with an income of approximately Rs. 2,00,000 per month, contested the Family Court's decision to award his mother Rs. 5,000 monthly, arguing that her husband, a fisherman, was already supporting her, and she was capable of earning through cattle rearing.

The court unequivocally rejected these arguments, emphasizing that the statutory duty to maintain aged parents is independent of any maintenance provided by the spouse. It underscored the social justice objective of Section 144 of BNSS, designed to safeguard marginalized members of society, including elderly parents. The judgment clarifies that the obligation towards parents is not diminished by the existence of other family responsibilities, such as supporting a wife and children.

Justice Edappagath highlighted the moral inadequacy in the petitioner's stance, stating that expecting his 60-year-old mother to sustain herself through physically demanding work like cattle rearing reflects a disregard for her dignity and well-being. The court found no credible evidence to support the claim that the mother had sufficient independent means and maintained that the awarded maintenance was reasonable considering the petitioner's substantial income.

The judgment serves as a reminder of the legal framework supporting the elderly and reinforces the message that filial duties should be prioritized, ensuring aged parents receive necessary care and financial support. The dismissal of the revision petition solidifies the Family Court's decision, affirming the importance of upholding statutory obligations to maintain social justice within familial relationships.

Bottom Line:

Maintenance under Section 144 of BNSS (Section 125 of Cr.P.C.) - Obligation of son to maintain aged mother despite her husband providing maintenance - Filial duty towards aged parents is independent and mutually exclusive.

Statutory provision(s): Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Corresponding Section 125 of Cr.P.C.)

Farookh v. Kayyakkutty@ Kadeeja, (Kerala) : Law Finder Doc Id # 2807839