Kerala High Court: Sons Must Support Elderly Mothers Financially Even If They Live With Husbands

Kochi: The Kerala High Court has ruled that elderly mothers are entitled to claim allowance money from their children even if they are living under the care of their husbands. Justice Kausar Edappagath delivered this significant judgement while dismissing a revision petition filed by a resident of Veliyamkode, Malappuram, challenging the order of the Tirur Family Court, which had directed him to pay maintenance to his mother.

The petitioner’s mother had approached the Family Court seeking ₹25,000 per month as allowance from her son, who works abroad. The Family Court had ordered the son to pay ₹5,000 per month, stating that a son has both a legal and moral obligation to support his mother who has no independent source of income.

However, the petitioner argued that his father, who works on a fishing boat, and his mother, who earns income from cattle rearing, were both self-sufficient. He further claimed he could not afford to support his mother as he had to support his family as well.

But the High Court rejected this argument, observing that sons cannot evade their responsibility to care for their elderly mothers by citing their own family obligations. The court emphasised that under the Bharatiya Nagarik Suraksha Sanhita (BNSS), supporting aged parents is a legal duty.

“It is unfortunate to say that a 60-year-old mother should continue rearing cattle to survive,” the court remarked, adding that the petitioner had neglected his mother’s welfare, which cannot be justified.