‘Morally Unacceptable’: Kerala HC Raps Son, Says Mother Is Entitled To Claim Maintenance

Last Updated:November 12, 2025, 12:16 IST

The court observed that expecting a 60-year-old woman to engage in labour reflects “a serious moral failure” and a lack of empathy and respect for one’s parents.

Kerala HC Upholds Mother’s Right to Maintenance from Son.(File)

In a significant judgment, the Kerala High Court has ruled that a mother is entitled to claim maintenance from her children even if she is already being supported by her husband. The ruling reaffirms the independent right of parents to seek financial assistance from their children when the support they receive from their spouse is insufficient.

What the court said?

Justice Kauser Edappagath made the observation while dismissing a revision petition filed by a man from Malappuram challenging a family court order directing him to pay his 60-year-old mother Rs 5,000 per month as maintenance. 

The petitioner argued that his mother was being looked after by his father, a fisherman who owned a boat, and that she also earned an income by rearing cattle. Claiming he worked in the Gulf and had to support his wife and child, he contended that the family court’s decision was unsustainable.

The High Court rejected these arguments, clarifying that under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a mother or wife has an independent right to claim maintenance. Section 144(1)(d) allows a parent to seek maintenance from a child, while Section 144(1)(a) grants the same right to a wife against her husband. These provisions, the court noted, are “independent and mutually exclusive."

Moral and legal responsibility

Justice Edappagath strongly criticised the petitioner’s attitude, describing it as “morally unacceptable" for a financially capable son to tell his elderly mother to rear cattle for her livelihood. The court observed that expecting a 60-year-old woman to engage in such labour reflects “a serious moral failure" and a lack of empathy and respect for one’s parents.

The judgment stressed that a son cannot evade his legal or moral obligation to support his aged parents simply because he has a family of his own. The court affirmed that the right of a mother to be maintained by her child stands independently of her husband’s ability or willingness to provide.

Shuddhanta Patra

Shuddhanta Patra, a seasoned journalist with eight years of experience, serves as Senior Sub‑Editor at CNN News 18. With expertise across national politics, geopolitics, business news, she has influenced public...Read More

Shuddhanta Patra, a seasoned journalist with eight years of experience, serves as Senior Sub‑Editor at CNN News 18. With expertise across national politics, geopolitics, business news, she has influenced public...

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