Published on : 13 Nov 2025, 12:46 pm 3 min read

A woman is entitled to claim maintenance from her son even if her husband is alive and providing her maintenance, the Kerala High Court recently held [Farookh vs Kayyakkutty @ Kadeeja].

Justice Kauser Edappagath emphasised that a son's duty towards his aged mother is not merely moral but also a legal obligation under Section 125 of Code of Criminal Procedure (CrPC), now Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers a judicial magistrate to order maintenance for a wife, children, or parents who are unable to maintain themselves.

The Court clarified that a mother's right to maintenance from her children under the provision is independent of her husband's obligation even if he is alive and capable of

See Full Page