Bombay High Court Affirms Children’s Absolute Duty to Maintain Parents

The Bombay High Court held that the duty of children to maintain and care for their parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is statutory, unconditional, and not dependent on inheritance or possession of parental property.

The Court emphasised that this obligation arises “by birth” and cannot be avoided on technical or financial grounds. The Court censured the conduct of the son of a 76-year-old woman who had abandoned her despite her serious medical condition and unpaid hospital dues of ₹16 lakh.

The Court directed immediate measures for her medical care, protection of her assets, and State-level action for official inaction.

[The Bandra Holy Family Hospital Society & Anr. v State of Maharashtra & Ors]