The Kerala High Court upheld an order of the Maintenance Tribunal directing three children of a 75-year-old woman to pay ₹10,000 each per month as maintenance.
The appellants challenged the Tribunal’s August 2021 order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, on two grounds: (i) one of the siblings had been left out of the liability, and (ii) that the maximum maintenance payable under Section 9 of the Act cannot exceed ₹10,000 in total.
Rejecting both contentions, the Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha affirmed the single judge’s earlier dismissal of the writ petitions. It held that the ₹10,000 cap under Section 9(2) applies per child, not as a cumulative ceiling for all children. The Court also found that the fourth sibling who had not been included in the Tribunal’s direction was exempted as the senior citizen was currently residing with him and being cared for by him and his family.
A report submitted by the jurisdictional Social Justice Officer indicated that the senior citizen is bedridden and requires a full-time home nurse, whose minimum cost alone would be ₹25,000 per month, excluding other needs like medication, food, and essentials. The Court observed that the appellants were financially capable but had refused to contribute to their mother’s care.
Dismissing the appeals, the Court reinforced that the statutory obligation under the 2007 Act is not symbolic, but enforceable, and must align with the genuine needs of the elderly.
Appearances:
Appellant: Advs Shri R.U. Shailajan, Shri Nidheesh T.P. , Sri V. Sreejith
Respondent: Sri P.V. Jeevesh, Sri NB Sunil Nath- GP, Sri R Parthasarathy
