Mother can claim maintenance from son even if husband is providing her maintenance: Kerala High Court

A woman is entitled to claim maintenance from her son even if her husband is alive and providing her maintenance, the Kerala High Court recently held [Farookh vs Kayyakkutty @ Kadeeja]..Justice Kauser Edappagath emphasised that a son's duty towards his aged mother is not merely moral but also a legal obligation under Section 125 of Code of Criminal Procedure (CrPC), now Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers a judicial magistrate to order maintenance for a wife, children, or parents who are unable to maintain themselves.The Court clarified that a mother's right to maintenance from her children under the provision is independent of her husband's obligation even if he is alive and capable of maintaining her."In other words, the right of a woman to claim maintenance from her son or daughter is independent of her husband’s obligation to maintain her. A mother can claim maintenance from her children even if her husband is maintaining her, and the son can be legally required to contribute if the mother is unable to maintain herself and the husband is not providing sufficient support. The fact that the husband of a woman has sufficient means and provides maintenance to her would not absolve the son of his independent statutory obligation under Section 144(1) (d) of BNSS (Section 125(1)(d) of Cr.P.C.) to support his mother if she needs it," the Court added.The provision is a measure of social justice which ensures that those with sufficient means must maintain dependents unable to support themselves, the judge underscored.The observations were made while dismissing a man's plea challenging a family court order directing him to pay ₹5,000 monthly maintenance to his 60-year-old mother..The case arose from a maintenance claim filed by the mother before a family court against her son seeking ₹25,000 per month as maintenance under Section 125 CrPC.The court after trial, awarded ₹5,000 per month, which the son challenged in revision before the High Court.The son who is employed in the Gulf, contended that his mother was rearing cattle and earning sufficient income. He further argued that since her husband, a fisherman owning a boat, was providing her maintenance, her claim against him was unsustainable..The Court rejected these contentions. It observed that it was both unfortunate and inappropriate for an affluent son to tell his aged mother to earn her livelihood by rearing cattle. "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. This scenario typically implies a lack of care, support, and respect for an elderly parent who likely depends on or deserves the support of her wealthy child," the Court added.It also noted that there was no evidence to prove that the mother had any income.The Court also rejected the son's argument that he has to maintain his wife and child. It said that a son could not escape his liability to maintain his parents merely because he had a family of his own..Hence, it refused to interfere with the family court's order and dismissed the revision petition..The son was represented by advocates Jamsheed Hafiz and TS Sreekutty..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.