The Kerala High Court has ruled that a woman’s right to claim maintenance from her children under Section 144(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), exists independently of her husband’s obligation to maintain her. The Court clarified that a mother can seek support from her children even when her husband provides for her, as the statutory provisions impose separate and distinct obligations on both the husband and the children.
The ruling came in response to a petition filed by a son challenging a Family Court order that directed him to pay ₹5,000 per month as maintenance to his 60-year-old mother. The petitioner argued that since his father was maintaining his mother and she also earned some income through cattle rearing, he should not be compelled to pay maintenance. The High Court, however, dismissed these arguments, holding that the mother’s right to claim maintenance from her children is not extinguished merely because she also receives maintenance from her husband.
Justice Kauser Edappagath, while delivering the judgment, observed that Section 144(1)(a) and Section 144(1)(d) of the BNSS impose separate and independent duties — one upon the husband to maintain his wife and the other upon the son or daughter to maintain their parents. The Court stressed that the law recognises multiple layers of responsibility to ensure that individuals who cannot maintain themselves are adequately cared for. Therefore, the obligation of a son or daughter continues even if the husband is financially supporting the wife.
The Court also strongly criticised the petitioner’s contention that his mother could earn her livelihood through cattle rearing. It noted that expecting a 60-year-old woman to engage in such physically demanding labour is unreasonable and reflects a lack of moral responsibility. The Court described the argument as insensitive and inappropriate, especially coming from a son who was financially well-off.
Upon reviewing the evidence, the Court concluded that the maintenance amount fixed by the Family Court — ₹5,000 per month — was fair and reasonable considering the mother’s needs and the son’s financial capacity. The Court found no justification to interfere with the order and dismissed the revision petition.
The judgment emphasises that the BNSS aims to uphold the principles of social welfare and justice, ensuring that dependent parents are not left destitute or neglected. It reinforces that adult children have a legal and moral duty to care for their parents, particularly when those parents are aged, ill, or otherwise unable to earn a livelihood. The Court further observed that the provisions of the BNSS align with constitutional principles promoting protection and dignity for vulnerable members of society.
This decision serves as a significant precedent in affirming that the right of parents to maintenance from their children is not contingent upon the actions of their spouse. Instead, it is an independent entitlement grounded in law and morality, reflecting the State’s duty to safeguard familial support and compassion.
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