New Delhi (Agency): The Kerala High Court has taken an unconventional approach by invoking religious and human rights principles to reconsider a family court’s decision. The case involved an 80-year-old citizen who had initially been denied arrears of maintenance from his children. The High Court’s decision could set a precedent for how cultural, traditional, and religious values can influence legal rulings in India.
In a remarkable move, the Kerala High Court cited the Holy Bible to come to the aid of an 80-year-old citizen. The senior citizen’s request for arrears of maintenance from his children had previously been turned down by a family court.
Initially, the High Court was inclined to agree with the family court’s decision, as both the ‘Maintenance and Welfare of Parents and Senior Citizens Act, 2007’ and Section 125 of the Criminal Procedure Code (CrPC) generally grant maintenance only for future needs. However, the High Court then reconsidered its opinion, taking into account that laws also stem from traditions, cultures, and personal relationships.
The Court said, “Law is nothing but principles that are implicit in the relationships formed privately through practices, traditions, and culture.” It argued that in a country like India, where social order is often guided by community practices and religious norms, the Court “will have to recognize those norms and precepts creating such relationships in that social order.”
In this context, the Court decided to explore what the Bible, the religious text governing the senior citizen’s Christian faith, had to say. “The Holy Bible says: ‘Honor your father and mother’,” the Court observed. Furthermore, it noted that Article 25 of the Universal Declaration of Human Rights (UDHR) and Article 41 of the Indian Constitution also support the idea of maintenance for the elderly.
The Court said that just because existing laws allow for prospective maintenance, it doesn’t mean they “negate” claims for past maintenance. The petitioner, an elderly man, may have refrained from approaching the courts earlier, hoping his children would eventually respect his needs. “His patience for his children cannot be cited to deny his claim for maintenance,” added the Court.
Finally, the High Court overturned the family court’s initial ruling, advising it to reconsider the case on its merits. Both parties have now been asked to appear before the family court on September 12, and a final decision is expected within two months.
