Delhi HC: Parents are to be maintained by all of their children

The Delhi High Court passed a judgment on September 24 regarding the maintenance of old parents by children. The division bench of the Delhi HC held that parents are to be maintained by all of their children and there can be "no division of duty" among them in this regard.

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Children attempting to shirk responsibilities 

The observation was made by a bench of Chief Justice D N Patel and Justice C Hari Shankar in response to a man's plea against maintaining his parents.  A man had been ordered by a senior citizen maintenance tribunal to pay Rs 2,000 per month to his parents. The petitioner claimed that the maintenance tribunal and the appellate tribunal imposed the amount on him without considering his allegedly poor financial condition. He had challenged both the orders. Apart from that, in his petition, he had also challenged a single judge decision upholding the orders of the two tribunals.

The division bench held, "There can be no division of duties to maintain parents. Parents are to be maintained by all the sons/children."

The division bench dismissed his appeal and noted that the amount of Rs 2,000 was "abysmally low" and "too meagre" and, therefore, "does not warrant any interference".

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Section 125 of CrPC

Section 125 of the CrPC provides for maintenance to wives, children, and parents. The Magistrate may order a person to pay a monthly allowance for maintenance in a case where any person who despite having sufficient means neglects or refuses to maintain his/her father or mother who are unable to maintain themselves. 

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Vasant vs. Govindrao Upasrao Naik

In the landmark Bombay High Court judgement, the bench held that a married daughter is obligated to maintain her parents in a case where parents filed an application seeking maintenance under Section 125 of the CrPC. In the case, the High Court held that "married daughter proved to have been working as a Software Engineer in the USA and having sufficient means, is under an obligation to maintain her parents." This judgment had moved progressively away from the regressive belief of a 'pious duty of an elder son' to maintain his parents and had held all children to be equally responsible.

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