Kerala High Court Rejects Son's Plea Against Maintaining 100 Yrs Old Mother, Says Presence Of Other Children Not A Defence
The Kerala High Court recently held that presence of other children is not a valid defence against a mother's plea seeking maintenance from her son.Justice P.V. Kunhikrishnan dismissed a revision petition filed by the son challenging maintenance of Rs. 2000 granted by the Family Court to the 100-year-old mother.It refused to accept the argument of the petitioner that the mother (respondent 1)...
The Kerala High Court recently held that presence of other children is not a valid defence against a mother's plea seeking maintenance from her son.
Justice P.V. Kunhikrishnan dismissed a revision petition filed by the son challenging maintenance of Rs. 2000 granted by the Family Court to the 100-year-old mother.
It refused to accept the argument of the petitioner that the mother (respondent 1) was living with one of her other sons and that there were old children capable of maintaining her.
The Court observed,
“In a petition filed under Section 125 Cr.P.C. by the mother for maintenance against her son, it is not a defence to the son that there are other children to maintain the mother and therefore he need not pay maintenance. Even if the other children are not maintaining or even if they are taking any negative attitude, it is the duty of the petitioner who is admittedly the son of the 1st respondent, to look after the affairs of his own mother. Otherwise, he is not a human being.”
The Court noted its displeasure at the fact that the aged mother had to take the stand and undergo cross-examination for getting maintenance from her son.
It also took note of the fact that even though the maintenance was ordered in 2022, the petitioner did not pay the same to his mother and that revenue recovery proceedings were initiated against him.
The Court also considered imposing costs on the petitioner for filing the petition with a delay of more than 1000 days but decided against it since notice was not issued against the respondent mother.
"At the time of filing the petition, the mother of the petitioner was 92, and now she is aged 100 and waiting for the maintenance from his son! I am forced to say that, I feel deeply ashamed, being a member of this society, where a son is fighting with his mother, aged 100, merely to deny her a monthly maintenance of Rs. 2,000/-!" it said and dismissed the petition.
Case No: RPFC No. 253 of 2025
Case Title: Unnikrishna Pillai v. Janaki Amma @ Janamma Amma and Ors.
Citation: 2025 LiveLaw (Ker) 473
Counsel for the petitioner: B.Mohanlal, P.S. Preetha, Aswin V. Nair, Karthik J Sekhar, Abijith M., Avani Nair, Jayaprabha Arjun, Praveena T., Motty Jiby Vasudevan
Counsel for the respondents: Sr. PP, Hrithwik C.S.