Children have a legal and moral obligation to maintain their aged parents, regardless of the parents' ability to support themselves.

ORDER :

This is an unfortunate case where a hapless septuagenarian who was neglected and ignored by his well-off male children was constrained to knock on the door of the Court seeking maintenance for his sustenance. The children resisted the claim, mainly contending that the father was able to maintain himself. The Family Court, on a wrong understanding of the law and misappreciation of facts, rejected the claim, only to drag the poor father to this Court in the evening of his life.

2. The petitioner, now aged 74 years, is the father of the respondents who were born to his first wife. The petitioner divorced his first wife in the year 2013 by pronouncing talaq alleging illicit relationship with his brother. He married his second wife in 2014 and now resides with her. The respondents are well-employed in Kuwait. They are admittedly not on good terms with the petitioner. The petitioner filed M.C.No. 406 of 2018 before the Family Court, Tirur, under Section 125 of Cr.P.C., against the respondents, claiming maintenance on the ground that he is unable to maintain himself. The Family Court dismissed the maintenance case as per the order dated 27.09.2023, holding that the petitioner has his own income to maintain himself. This revision petition has been filed challenging the said order.

3. I have heard the learned counsel for the petitioner. Even though notice has been served on the respondents, there is no appearance.

4. It is not disputed; rather, it has come out in evidence that the respondents are well-employed in Kuwait and have sufficient means to maintain the petitioner. Respondent Nos. 1 and 3 are working as managers in a Supermarket in Kuwait run by them along with the petitioner's brother and respondent No.2 is an employee in an Oil Company in Kuwait. The definite case of the petitioner is that respondent Nos. 1 and 3 are getting more than Rs.1,00,000/- and respondent No.2 is getting more than Rs.1,50,000/- per month. The said specific averment has not been denied in the counter statement.

5. In the petition for maintenance, the petitioner has clearly averred that he has no employment or means to support himself. The respondents denied the same and contended that the petitioner is running a business along with his brother in the Gulf, and he is getting more than Rs.50,000/- as income from the said business. It is further contended that the first wife of the petitioner filed M.C.No.62 of 2018 against him for maintenance and in that proceedings, interim maintenance was ordered. The Family Court, after evaluation of the evidence found that the contention of the respondents that the petitioner is having his own income so as to maintain himself is more acceptable and accordingly rejected the claim of the petitioner for maintenance.

6. The relationship between a father and son is one of the most profound bonds in human life. Caring for one's father is an inherent moral duty that stems from love, gratitude, and respect. Throughout his life, a father provides for his children, sacrificing his comforts and dreams to ensure their well-being. When he becomes old and dependent, it is only fair and just that the son reciprocates this care. However, as time passes and the father ages, the roles reverse, and it becomes the son's duty to care for and support his father in his later years. Just as a father once cared for his son, it is only fair that the son reciprocates when his father is old and in need. This responsibility is not only a moral and ethical obligation but also a legal duty. 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.

7. Filial duty is a fundamental obligation rooted in morality, religion, and law. Various religious texts, cultural traditions, and legal frameworks emphasize that children, especially sons, must look after and take care of their aged parents. In Hindu Dharma, the duty of a son toward hi