Source: Allahabad High Court 

Why in News? 

A bench of Justice Saurabh Shyam Shamshery held that a daughter is obligated to maintain her mother.                 

• The Allahabad High Court held this in the case of Sangeeta Kumari v. State of U.P. and Another. 

What was the Background of Sangeeta Kumari v. State of U.P. and Another Case? 

• The parties in this case consisted of applicant and the opponent who is the mother of the applicant. 
• The High Court had earlier passed an order on 14th August 2024 whereby the Court observed that since the opponent is the mother of the applicant hence there is a possibility of settlement. Thus, the Court issued notice to the opposite party returnable at an early date. 
• The complainant in this case was admitted in Ispat Hospital Bhatha Road, Gosaintola, Ranchi, South Chota Nagpur Division, Jharkhand. 
• The Application was filed under Section 482 of Criminal Procedure Code, 1973 (CrPC) challenging order of the Family Court directing the daughter to pay Rs. 8000 per month towards the maintenance of the mother. 
• Thus, the issue was before the Allahabad High. 

What were the Court’s Observations?  

• The Applicant submitted that she would visit her mother at the hospital and try to meet her as a mother and not as a opponent. 
• The Applicant daughter was also directed to discharge her responsibility towards her mother by paying at least 25% of the outstanding amount of medical expenses incurred on her mother admitted to the hospital. 
• The Court also in this case advised both the parties to try to resolve the issue. In this respect the Court also referred to a Doha of Rahim and the teachings of Taittiriya Upanishad.      

What is Maintenance? 

• The maintenance generally covers the expenses for essentials for the substance of life. However, it is not merely a right for survival of the claimant. 
• The term 'Maintenance' has also been defined under Section 3(b) of the Hindu Adoption and Maintenance Act, 1956. 
• It includes provision for food, clothing, shelter, and basic needs such as education and medical expenses. 

What are the Provisions Regarding Maintenance to Parents ? 

• Hindu Adoption and Maintenance Act, 1956 (HAMA) 
  • Section 20 provides for maintenance of children and aged parents. 
  • Section 20 (1) of HAMA provides that a Hindu is bound to maintain his or her aged or infirm parents. 
  • Further, Section 20 (3) of HAMA provides that the obligation to maintain infirm parents extends only in so far as the infirm parent is unable to maintain himself or herself out of his or her own earnings or other property.   
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 
  • The provision of maintenance to parents is contained in Section 144 of BNSS. Earlier it was found in Section 125 of Criminal Procedure Code, 1973 (CrPC). 
  • Section 125 (1) of CrPC and Section 144 (1) of BNSS provides that a person having sufficient means who neglects or refuses to maintain certain category of person can be ordered to pay maintenance to them. 
  • The category of persons whom a person is obligated to maintain includes “his father or mother, unable to maintain himself or herself”. 
  • This is secular and applies to all citizens. 
• Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPS)   
  • Section 4 of the Act lays down provision regarding maintenance of Parents and Senior Citizens. 
  • Section 4 (1) provides that a senior citizen including parent who is unable to maintain himself from his own earning or property owned by him, shall be entitled to make an application under section 5. 
  • The persons from whom maintenance can be asked for is enumerated under Section 4 (1) as follows: 
    • In case of Parent or grand parent application can be filed against one or more of his children not being a minor 
    • In case of a childless senior citizen application can be filed against such of the relatives referred in Section 2 (g) of the Act. 
  • Further, Section 4 (3) provides that the obligation to maintain parents extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life. 

Is a Daughter Liable to Maintain her Parents? 

• This issue was discussed by the Supreme Court in the case of Vijay Manohar Arbat v. Kashiram Rajara Sawai (1987). 
  • The contention in this case was that the daughter was not liable to maintain her parents as the term used in Section 125 (1) (d) is “his father or mother”. 
  • The Court held that the term ‘his’ does not exclude the daughter from liability. 
  • Section 2(y) of CrPC provides that the words and expressions used herein and not defined shall have the same meaning as provided in the Indian Penal Code, 1860 (IPC). 
  • Section 8 of IPC provides that the pronoun ‘he’ and it’s derivatives shall include both male or female. 
  • Thus Section 8 of IPC read with Section 2 (y) of CrPC would indicate that the pronoun ‘his’ in Section 125 (1) (d) includes both male and female. 
  • Further the Court also held that it is the moral obligation of the children to maintain their parents. In case daughters are excused from the liability to maintain the parents having no son would go destitute.