Kerala HC: Financial Assistance from Relatives Does Not Relieve Children of Maintenance Duty

In a landmark judgment, the Kerala High Court emphasized that children are legally and morally obligated to provide maintenance to their aged parents, even if the parents are receiving financial assistance from relatives or friends. The Court made it clear that the duty of children to maintain their parents is not merely a legal requirement but a social and moral responsibility.

The ruling was made in the case of Unneen v. Shoukathali & Ors., where Justice Kauser Edappagath pointed out that the failure of children to fulfill this duty is not just illegal but also contrary to social values. The Court backed its stance with references to religious texts like the Manusmriti, Bible, Quran, and the teachings of Buddha, all of which underscore the importance of honoring one's parents.

Key Findings in the Judgment

1. Children’s Legal and Moral Duty to Maintain Parents

• The Kerala High Court referred to multiple legal provisions to highlight the obligation of children to support their parents:
  • The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
  • Section 20 of the Hindu Adoptions and Maintenance Act, 1956
  • Section 125(d) of the Code of Criminal Procedure (now replaced by Section 144(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023)
  • Article 51A of the Indian Constitution, which places a fundamental duty on every citizen to respect and take care of their parents.
• The Court noted that even if a parent is able to sustain themselves with the help of friends or relatives, the children's liability to maintain them is not absolved.

2. Moral and Social Dimensions of Parental Care

• The Court stressed that neglecting aged parents is not only illegal but also goes against moral and social values.
• Quoting ancient texts, the Court stated:
  • “Caring for one’s parents is a moral duty that transcends legal obligations. This is reflected in the teachings of the Manusmriti, the Bible, the Quran, and the Buddha, all of which emphasize filial responsibility.”
• The judgment pointed out that providing sustenance to aging parents is not just about financial maintenance but also about honoring family bonds and responsibilities.

Legal Framework for Parental Maintenance

• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 mandates that children must provide for the basic needs of their elderly parents, even if the parents have alternate sources of financial support.
• Section 125(d) of the CrPC (now replaced by Section 144(d) of the new criminal code) requires children to maintain their parents if they are unable to do so themselves, which extends to cases where the parents are elderly or infirm.

Case Title: Unneen v. Shoukathali & Ors