Court says Duty of Parents to Maintain Unemployed Adult Child

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July 27, 2018

Case name: Mohan Singh Mawri v. Smt. Haripriya Mawri

In this recent case, the husband had filed Criminal Revision before High Court of Uttarakhand against Family court’s order, whereby the Court had directed the husband to pay a sum of Rs. 12,000/- as maintenance to his estranged wife and son under Section 125 of CrPC.

The wife in the case urged for enhancement of the amount of maintenance on the ground that the husband’s income was increasing every passing year and he was earning more than Rs. 1 lac a month. Here it would be relevant to mention that in the case, the son though educated and adult was unemployed.

The High Court of Uttarakhand while revising the amount of maintenance awarded to the wife observed that though an adult son cannot claim maintenance from his parents as a matter of right, but in the Indian culture we cannot forget the fact that the parents have to maintain their adult child till he gets suitable employment and it is a social duty casts upon the parents to maintain the adult child. This Indian culture and custom cannot be compared with the European culture and custom.