KOCHI: Courts can direct children to pay alimony to parents with retrospective effect regardless of law or religion, the High Court has said. According to the judgment of the division bench comprising of Justice A Muhammad Mushtaq and Justice Sophie Thomas, a favorable order can be given taking into account the conditions and traditions followed by the society.

The judgment of the Division Bench was on a petition filed by the Malappuram Family Court rejecting the petition filed by an 80-year-old father seeking to grant alimony from his children with retrospective effect. The family court rejected the petition on the ground that there is no legal provision for alimony with retrospective effect. However, the High Court clarified that the provision of alimony with retroactive effect is not mandatory.

The petitioner is a Christian. The Indian Christian Marriage Act does not even provide for maintenance of wife and children. Provision of Parental Welfare and Maintenance Act and Section 125 of the Code of Criminal Procedure do not require payment of advance maintenance. But law is the continuation of the custom, tradition and culture followed by the society. As such, the Division Bench held that the court can order alimony with retrospective effect. The High Court ordered that the matter be re-considered by the Malappuram Family Court and decided within two months.