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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Farookh S/o Usman – Appellant
Versus
Kayyakkutty @ Kadeeja W/o Usman – Respondent
The family court in this case was the Family Court, Tirur.
| Table of Content |
|---|
| 1. revision petition challenges family court order. (Para 1 , 2) |
| 2. claim of maintenance by mother. (Para 4 , 5) |
| 3. statutory obligation of children to support parents. (Para 6 , 7) |
| 4. court sustains maintenance order based on income. (Para 8 , 9) |
ORDER :
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.
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.
6. Section 144 of BNSS (Section 125 of Cr.P.C) is a
Children are independently liable to maintain parents under Section 125 of Cr.P.C., regardless of a spouse's support.
The court upheld a maintenance order, affirming parental duty despite other financial support.
(1) Maintenance – Unmarried major Hindu daughter can claim maintenance from her father – However, unmarried Christian daughter who has attained majority is not entitled to claim maintenance from her ....
A wife's capability to earn does not disqualify her from claiming maintenance, as the husband's obligation is upheld under social justice principles.
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
Important points:A man is obliged under the Code to see that his wife, son/daughter or parents neglected by him and unable to maintain themselves, are reasonably maintained
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
Children have a statutory and moral obligation to maintain their elderly parents, which cannot be dismissed due to personal financial difficulties.
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