Children must support elderly mother even if father is alive: High Court

KOCHI: Even if an elderly woman is under her husband's care, she still has the right to seek financial support from her children, the High Court has ruled. The court said that providing living expenses to a mother who has no income is both a legal and moral duty of her children.

Justice Kauser Edappagath delivered the order while dismissing a revision petition filed by a man from Veliyamcode, Malappuram. He had challenged the Tirur Family Court’s order directing him to pay monthly maintenance to his mother. The mother had approached the family court seeking Rs 25,000 per month from her son, who works in the Gulf. The court had ordered him to pay Rs 5,000 per month.

In the High Court, the petitioner argued that he could not pay his mother because he had to support his wife and child. He also claimed that his father, who works on a fishing boat, earns an income and that his mother makes money from cattle rearing. The court rejected this argument, saying it was unfortunate to expect a mother over 60 years old to survive by rearing cattle.

The court observed that the petitioner was neglecting his mother’s welfare. Children cannot escape their responsibility to care for aged parents by saying they have their own families to support. The court added that under the Bharatiya Nagarik Suraksha Sanhita, supporting elderly parents is a legal obligation.