KOCHI: The High Court has held that a mother’s right to claim maintenance from her son or daughter is independent of her husband’s obligation to maintain her. The court further stated that a mother can claim maintenance from her children even if her husband is supporting her, and that a son can be legally required to contribute if the mother is unable to maintain herself and the husband is not providing sufficient support.
Justice Kauser Edappagath issued the order on a petition filed by Farookh, of Malappuram, challenging the order of Family Court, Tirur, granting maintenance of Rs 5,000 per month to his 60-year-old mother.
The petitioner argued that since his father was already providing maintenance to the mother, she could not claim additional maintenance from him. The court rejected this contention.
The court observed that the petitioner’s claim—that his mother was rearing cattle and earning enough income to support herself—must be rejected outright. It noted that it is “quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should engage in cattle rearing to earn her livelihood.”
Considering the mother’s needs and the son’s financial capacity, the court held that the Rs 5,000 monthly maintenance awarded by the Family Court was absolutely reasonable—if not inadequate.