Married Son Cannot Deny Maintenance to Aged Mother: Kerala High Court Reaffirms Legal Duty
Kerala High Court on Maintenance Rights of Parents under Section 125 CrPC
In a significant judgment strengthening the rights of elderly parents, the Kerala High Court has ruled that a married son cannot evade his statutory obligation to maintain his aged mother by citing his own family responsibilities or the alleged financial support of the father.
The Court upheld a Family Court order granting monthly maintenance of Rs. 5,000 to a 60-year-old mother, reiterating that a parent’s right to maintenance from her children is independent and unconditional under Section 125 of the Code of Criminal Procedure (CrPC).
Background of the Case
The case originated when a 60-year-old woman approached the Family Court seeking Rs. 25,000 per month as maintenance from her son. She asserted that:
She had no independent source of income
She was unable to maintain herself
Her son was financially capable of supporting her
In July 2025, the Family Court partially allowed her claim and directed the son to pay Rs. 5,000 per month. Dissatisfied with the quantum, the mother moved the Kerala High Court seeking enhancement.
The High Court decided the matter on November 4, examining whether the Family Court’s order was legal and reasonable.
Son’s Defence and Mother’s Stand
Son’s Arguments:
The mother earned income from cattle rearing
She was already being maintained by her husband, a fisherman owning a boat
His marriage and responsibility towards wife and child should absolve him of liability
Mother’s Contentions:
There was no proof of income from cattle rearing
Her husband’s existence does not bar her right to claim maintenance from her son
She was financially dependent and elderly
Kerala High Court’s Observations
The High Court categorically rejected the son’s arguments and made the following key observations:
🔹 No Proof of Mother’s Income
The Court found no evidence supporting the claim that the mother earned through cattle rearing.
“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.”
🔹 Husband’s Support Is Irrelevant
The Court clarified that a parent’s right to seek maintenance from children is independent, and not contingent on the presence, income, or capacity of the spouse.
🔹 Marriage Does Not Dilute Responsibility
Rejecting the plea that marriage reduces liability, the Court held:
“A son cannot escape from the liability to maintain his aged parents merely because he is married and has a family.”
🔹 Son’s Financial Capacity
The son was working in the Gulf. While he denied earning Rs. 2 lakh per month, he failed to produce any documentary proof, leading the Court to infer that he had sufficient means.
Final Decision of the Court
The Kerala High Court upheld the Family Court’s order, holding that:
Rs. 5,000 per month is fair and reasonable
The son is legally bound to maintain his mother
The challenge to the maintenance order is dismissed
Legal Significance of the Judgment
This judgment reinforces that:
Elderly parents have a statutory right to maintenance
Marriage or family expansion is not a valid defence
Courts will not tolerate attempts to shift responsibility onto aged parents
Children must uphold both legal and moral duties towards their parents
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