The Kerala High Court recently stated that even if aged father or mother receives financial support from friends or relatives to support themselves, it does not absolve the children of their obligation to provide maintenance.

Justice Kauser Edappagath observed that filial duty is a fundamental obligation and is embedded in morality, religion and law. The Court stated that children, particularly sons have a greater obligation to support their aged parents as outlined in various religious texts and codified under several laws.

Court stated, “If an age-old father or mother somehow manages to maintain themselves with the financial support of relatives or friends, that will not absolve the liability of the children to provide maintenance to them. It is both a moral duty and legal obligation of the son to provide sustenance to their parents in their old age. Filial duty is a fundamental obligation rooted in morality, religion, and law. Various religious texts, cultural traditions, and legal frameworks emphasize that children, especially sons, must look after and take care of their aged parents.”

The Court passed the above order in a writ petition filed by a petitioner, a 74 year old father who have approached the Court seeking maintenance from his children, stating that he was unable to maintain himself. The respondents are his well settled male children employed in Kuwait, born out of his first marriage.

The Petitioner divorced his first wife in 2013 by pronouncing talaq due alleging illicit relationship with his brother. The petitioner married again in 2014 and is currently living with his wife from the second marriage.