Children are independently liable to maintain parents under Section 125 of Cr.P.C., regardless of a spouse's support.

ORDER :

1. This revision petition has been filed challenging the order dated 19.07.2025 in M.C. No. 229 of 2022 passed by the Family Court, Tirur, under Section 125 of Cr.P.C.

2. The petitioner is the son of the respondent. The respondent filed a maintenance case against the petitioner, claiming maintenance at the rate of Rs. 25,000/- per month under Section 125 of Cr.P.C. The Family Court, after trial, granted maintenance at the rate of Rs. 5,000/- (Rupees Five Thousand only) per month. The said order is under challenge in this revision petition.

3. I have heard both sides.

4. The respondent is 60 years old. Her husband is alive. In the petition for maintenance, the respondent has clearly stated that she has no employment or means to support herself. The petitioner denied this and argued that the respondent is rearing cattle and earning enough income. It is further contended that RW1, who is the respondent's husband, is a fisherman owning a boat and is providing maintenance to her. The petitioner has also taken up a contention that he has to maintain his wife and child.

5. It is not disputed; rather, it has come out in evidence that the petitioner is employed in the Gulf and has sufficient means to maintain the respondent. The learned counsel for the petitioner, relying on the evidence of RW1, argued that the husband of the respondent, who is a fisherman and fishes in his own boat, provides maintenance to the respondent; hence, the claim for maintenance against the petitioner is not legally sustainable.

6. Section 144 of BNSS (Section 125 of Cr.P.C) is a measure of social justice, especially enacted to protect women, children and aged parents and falls within the constitutional scheme of Article 15(3) reinforced by Article 39. Under this provision, any person having sufficient means is liable to maintain his wife if she is unable to support herself or his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or his legitimate/illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or his father or mother, unable to maintain himself or herself. The object of the provision being one to achieve social justice for the marginalised members of society – destitute wives, hapless children, and parents, it is to be construed liberally for the welfare and benefit of the wife, children and parents.

7. Filial duty towards an aged parent involves providing physical, emotional and financial support, which is both a moral and legal obligation. Section 144(1)(d) of BNSS (Section 125 (1)(d) of Cr.P.C.) specifically casts an obligation to the children having sufficient means to maintain their father or mother, unable to maintain himself or herself. The scheme under Section 144 of BNSS (Section 125 of Cr.P.C.) contemplates that the right of a mother/wife to be maintained by her children under Section 144(1)(d) of BNSS (Section 125 (1)(d) of Cr.P.C.) and by her husband under Section 144(1)(a) of BNSS (Section 125 (1)(a) of Cr.P.C.) are independent and mutually exclusive. 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