In a significant ruling, the Kerala High Court has reaffirmed the duty of children to provide for their elderly parents, even when financial assistance comes from other sources. The court held that filial duty is an “unassailable legal and moral obligation” and cannot be bypassed on the grounds that parents receive help from friends or relatives.
The case involved a 74-year-old petitioner who sought maintenance from his sons working in Kuwait. His plea was initially dismissed by the Family Court, citing his alleged business income and second marriage. However, the High Court overturned the decision and ordered the sons to pay their father ₹20,000 per month.
Court’s Observations
Justice Kauser Edappagath, while delivering the judgment, emphasized that “even if an aged father or mother receives financial support from friends or relatives, it does not absolve the children from their duty to provide maintenance.” The court underscored the deep-rooted moral and legal principles governing filial responsibility, referring to various religious texts and statutory provisions, including:
- Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act
- Section 20 of the Hindu Adoptions and Maintenance Act
- Section 125(1) CrPC and Section 144(d) BNSS, which mandate maintenance for dependent parents
The court highlighted that sons, particularly, bear a heightened responsibility to care for ageing parents, a principle reflected in multiple religious traditions. It observed that “society flourishes when its elderly members are treated with dignity and respect,” warning that neglecting parents not only causes emotional distress but also weakens the social fabric.
Final Verdict
Rejecting the sons’ argument that the petitioner had alternative financial resources, the court ruled that his children were “legally and morally bound to support him in his old age.” The judgment serves as a strong reminder that parental care is not just a financial duty but an emotional and societal responsibility.
Case: Unneen vs Shoukathali & Ors. – Available on LAWFYI.IO
