Madras HC Upholds ₹21,000 Monthly Maintenance for Mother, Stresses Legal and Moral Duty of Children To Take Care [Read Order]

Chennai: The Madras High Court has upheld a Family Court’s order directing a husband and his sons to pay ₹21,000 monthly maintenance to their wife and mother, emphasizing that caring for mothers is both a legal obligation and a moral imperative that cannot be denied.

Justice Shamim Ahmed delivered strong observations about familial responsibility and the invaluable role of mothers, stating that no amount of money can compensate for a mother’s sacrifices and care throughout her lifetime.

The court addressed Criminal Revision Case No. 1282 of 2025 filed by R. Ananda Prakash and his sons A. Ashwin and A. Gururaj, challenging the Family Court Madurai’s order dated March 18, 2025, which awarded ₹21,000 monthly maintenance to A. Malarvizhi. The case arose from a maintenance petition filed by Malarvizhi in 2019, seeking ₹40,000 monthly maintenance along with recovery of gold jewels worth 290 sovereigns and ₹5 lakh from her husband and sons. The marriage between the first petitioner and respondent was solemnized on January 7, 1986, but the respondent had left the matrimonial home in 2015.

The petitioners argued that the 60-year-old husband was suffering from health issues without any income source, while the sons had meager earnings and were struggling to manage their own expenses. They contended that the respondent was living separately without just cause and had sufficient means, including maintaining a car with a driver.

However, Justice Ahmed rejected these arguments and made important observations on the moral and legal obligations toward mothers. The court observed, “It is a well-established principle that it is a man’s legal and moral duty to maintain his mother/wife during her lifetime. This responsibility stems from the inherent obligation of children to care for their parents.”

The court particularly noted, “Moreover, no amount of payment can ever bear the pain and sacrifices that a mother endured at the time of their birth.”

The court found the maintenance amount reasonable given current economic conditions, observing, “The amount fixed for maintenance was ₹21,000 for the Respondent, which, in the present days of rising prices and high cost of living, cannot be considered excessive or disproportionate.”

Justice Ahmed therefore emphasized the beneficial nature of Section 125 of the Criminal Procedure Code, stating, “The provisions of Section 125 of the Cr.P.C. are beneficial provisions, enacted to stop the vagrancy of a destitute wife/mother and provide succour to those entitled to maintenance, which cannot be denied.”

The court stressed that caring for aging parents represents fundamental familial responsibility, noting, “This duty is not only a moral imperative but also a legal obligation in many jurisdictions, where laws mandate that adult children provide financial support to their aging parents.”

The judgment highlighted broader societal values, stating, “By fulfilling this duty, individuals demonstrate respect, gratitude, and compassion towards their mothers, who have devoted themselves to nurturing and caring for their families.”

Justice Ahmed concluded that ensuring mothers live with dignity in their later years is essential, observing, “Ultimately, showing favour to one’s mother and prioritizing her well-being in old age is a fundamental aspect of familial responsibility and societal values.”

The court found no illegality or impropriety in the Family Court’s order, stating, “In the present case, the learned counsel for the petitioner has not been able to point out any such illegality, impropriety or incorrectness in the impugned order which may persuade this Court to interfere in the same.”

The court dismissed the revision petition and directed the Family Court to proceed with the matter in accordance with law.

Case Title: R. Ananda Prakash & Others vs. A. Malarvizhi

[Read Order]