A recent ruling by the Kerala High Court has clearly stated that children cannot avoid caring for their aged parents. The court said a mother’s right to seek financial support from her children stands
on its own and does not depend on whether her husband is alive or earning.
The court also made it clear that a son cannot escape this duty just because he is married or has his own family to support. The judgment came while hearing a case filed by a 60-year-old woman seeking monthly maintenance from her son.
Court Backs Mother’s Right To Support
The case began when the woman approached the Family Court asking for Rs 25,000 per month from her son under Section 125 of the CrPC. She said she had no job or income to support herself. In July 2025, the Family Court ordered the son to pay Rs 5,000 every month. Unhappy with the amount, the woman challenged the order in the Kerala High Court.
On November 4, this year, the High Court upheld the Family Court’s decision and confirmed the Rs 5,000 monthly payment. The court said the order was fair and reasonable given the facts of the case.
Son’s Arguments Rejected By Court
The son argued that his mother earned money by rearing cattle and that his father, a fisherman who owns a boat, was already maintaining her. He also said he had his own wife and child to look after and should not be asked to pay extra.
The court strongly rejected these claims. It said there was no proof that the mother earned any income from cattle rearing. The judges also said it was wrong for a well-off son to suggest that his elderly mother should do hard physical work to survive.
As quoted by The Economic Times, the Kerala High 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.”
Marriage Does Not Remove Duty
The High Court also dismissed the son’s claim that marriage freed him from responsibility. According to the publication, it said clearly that “a son cannot escape from the liability to maintain his aged parents merely because he is married and has a family.”
The court noted that the son works in the Gulf and has enough income to support his mother. Even though he denied earning Rs 2 lakh per month, he failed to submit any proof of his actual income.
Law Meant For Social Welfare
Meanwhile, legal experts reportedly said the ruling strengthens the purpose of maintenance laws meant to protect elderly parents. Advocate Amir Khan of Accord Juris LLP explained that maintenance under Section 125 of the CrPC, now Section 144 of the BNSS, is a social welfare provision. It allows parents who cannot support themselves to seek financial help from their children. He added that if such court orders are ignored, strict steps like recovery action or even imprisonment can follow.
In addition, Lawyer Naman Singh Bagga, Partner at C&S Partners, said the judgment clearly confirms that a mother can seek maintenance from her children even if her husband is alive. He noted that the court made it clear that caring for aged parents is not just a moral responsibility but also a legal duty under the law.
