Children not absolved of duty to maintain parents who get by with aid of friends, relatives: Kerala High Court

The Kerala High Court recently held that children are liable to maintain their aged parents even if the parents have been managing to maintain themselves with financial assistance from relatives and friends [Unneen v. Shoukathali & Ors.]..Justice Kauser Edappagath explained that apart from the moral duty cast on children, they also have a legal obligation, as stated in various statutes, to maintain their parents. In this regard, the Court cited the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 20 of the Hindu Adoptions and Maintenance Act, 1956 and Section 125(d) of the Code of Criminal Procedure, which has now been replaced by Section 144(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023.Article 51A of the Indian Constitution also places a fundamental duty upon every citizen to respect and take care of their parents, the Court noted. "Neglecting aged parents is not just illegal but also against moral and social values. If an age-old father or mother somehow manages to maintain themselves with the financial support of relatives or friends, that will not absolve the liability of the children to provide maintenance to them. It is both a moral duty and legal obligation of the son to provide sustenance to their parents in their old age," it added. .Neglecting aged parents is not just illegal but also against moral and social values.Kerala High Court.Justice Edappagath further said that it is only fair that children reciprocate the care that their parents provided them as they were growing up. "Society thrives when its elderly are treated with dignity and care. Neglecting an aged father not only leads to emotional distress but also weakens the very fabric of society," the Court went on to observe. .To drive the point home, Justice Edappagath quoted from various religious texts as well which emphasise that children, especially sons, must care for their aged parents. From Hinduism, the judge cited the Vedas, Upanishads, Smritis, and epics which all highlight the concept of Pitru Devo Bhava (father is equivalent to God)."The Manusmriti states that a son who does not care for his parents is failing in his Dharma (duty). In the Mahabharata, Yudhishthira was taught that failing to care for one’s parents is one of the greatest sins. Taittiriya Upanishad (1.11.2) says – “Matru Devo Bhava, Pitru Devo Bhava” - meaning "Let your mother be your God, let your father be your God."For Islam, Justice Edappagath cited verses from the Qur'an and Hadiths."Prophet Muhammad emphasized that serving one’s parents is second only to worshipping God. Hadith (Sahih alBukhari 5971) notes that the Prophet Muhammad said: 'The father is the middle gate of Paradise. So, keep this gate or lose it.'"The Christian Bible also emphasises that respect and care for parents is vital to leading a righteous life, the Court said. Similarly, in Buddhist teachings, caring for parents is stated to be the primary duty of a good person..Society thrives when its elderly are treated with dignity and careKerala High Court.The order was passed on a petition moved by a 74-year-old man challenging a family court order rejecting his claim for maintenance from three of his adult children. These children were born to his first wife whom he divorced in 2013 by pronouncing talaq. He then married his second wife with whom he now resides. The three children are well-employed in Kuwait but they resisted their father's claim alleging that he was able to maintain himself, mostly from running a business in Kuwait. The family court concurred with the children prompting the septuagenarian to move the High Court for relief. The High Court found that the money in the aged petitioner's account was transferred to him by his brother to help him meet his day-to-day expenses and not as a share of profit from any businesses. This alone would not absolve the children from maintaining their father, the Court opined. It, therefore, set aside the order of the family court and ordered the children to pay the petitioner ₹20,000 per month as maintenance. .Advocates CM Mohammed Iquabal, Raihanath TH, P Abdul Nishad Istinaf and Abdullah Muhammed Ameen represented the petitioner. .[Read Order]