The Kerala High Court has reaffirmed that children must provide for their aging parents, even if those parents receive financial help from relatives or friends. The ruling came in response to a case where a 74-year-old man sought maintenance from his three adult children, all of whom are employed in Kuwait.
Justice Kauser Edappagath, delivering the verdict, underscored that caring for one’s parents is not only a legal responsibility but also a fundamental moral duty. Citing religious texts from Hinduism, Islam, Christianity, and Buddhism, the Court emphasized that neglecting elderly parents undermines both societal values and ethical obligations.
“The mere fact that a parent survives with financial assistance from others does not absolve children of their duty,” the judgment stated. The Court referenced laws such as the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and provisions from the Hindu Adoptions and Maintenance Act and the Bharatiya Nagarik Suraksha Sanhita, reinforcing that this duty is legally binding.
The petitioner, who divorced his first wife in 2013 and remarried, claimed that despite his children’s financial stability, they refused to support him. His children argued that he managed on his own, allegedly running a business in Kuwait. However, the High Court found that his primary financial support came from his brother rather than any business profits.
Overturning a family court’s earlier ruling against the father, the High Court directed the children to pay him ₹20,000 per month in maintenance. The ruling serves as a firm reminder that children cannot evade their duty to care for aging parents, regardless of external financial support.
