Court rules daughter-in-law and granddaughter not liable for maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
In a significant judgment passed on August 18, 2026, the Kerala High Court dismissed a petition filed by K. Thankamma, a senior citizen, seeking maintenance from her deceased son's wife and daughter. The court, presided over by Justice Harisankar V. Menon, ruled that the petitioner's demand for maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is not tenable since the daughter-in-law and granddaughter do not fall within the statutory definitions of "children" or "relative" under the Act.
The petitioner, K. Thankamma, mother of the late T. Raj Kumar, who was employed with the Kerala State Electricity Board (KSEB), had approached the court after the Maintenance Tribunal and the District Collector rejected her plea for monthly maintenance of Rs. 15,000 from her son's family. Despite receiving over Rs. 12 lakhs from her son's service benefits, Thankamma sought further financial support from her daughter-in-law and granddaughter.
Justice Menon, while delivering the judgment, emphasized that the Act's provisions are applicable only to "children" or "relatives" as defined under Sections 2(a) and 2(g). The court noted that a daughter-in-law does not qualify under these definitions, and the granddaughter, being a student, cannot reasonably be expected to provide maintenance. The court also highlighted that Thankamma herself is a pensioner from her employment with the Fisheries Department and receives a pension from her late husband’s service, making her plea for additional maintenance unjustifiable.
The court further clarified that any claim for a share in the family pension being received by the daughter-in-law must be pursued through other legal avenues, as it is not covered under the Act. The judgment reaffirms the legal boundaries of the Act and highlights the need for claimants to seek appropriate remedies under relevant laws.
The decision brings closure to Thankamma's legal battle, underscoring the limited scope of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in providing financial support to senior citizens from their extended family members.
Bottom Line:
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Mother not entitled to maintenance from deceased son's wife and daughter under the Act - Daughter-in-law not covered under the definition of "children" or "relative" as per the Act.
Statutory provision(s):
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Sections 2(a), 2(g).
K. Thankamma v. Moljimol K.S @ Mol G Mol K.S, (Kerala) : Law Finder Doc id # 2973703
