Citing the holy Bible, the Kerala High Court came to the help of an 80-year-old citizen, whose request for arrears of maintenance from his children, was turned down by a family court.
The High Court was initially inclined to agree with the family court’s stance, since the 'Maintenance and Welfare of Parents and Senior Citizens Act, 2007' and Section 125 of the Criminal Procedure Code (CrPC) also only spoke of granting maintenance prospectively.
But the High Court reconsidered their initial opinion, after considering that law itself evolves from tradition, culture and the personal relations formed through the same.
“Is it a requirement that to claim maintenance there should be a positive law? We find the reasons recorded hereafter that, to claim past maintenance positive law is not a prerequisite … Law is nothing but principles that are
implicit in the relationships formed privately through practices, traditions and culture,” the Court pointed out.
In a country where social order is defined by the practice of the community or that of one’s denomination and adherence to long-standing religious norms, the Court opined that it “will have to recognize those norms and
precepts creating such relationships in that social order.”
Incidentally, the bench then decided to examine what the Bible, which governs the Christian faith of the senior citizen before the Court, says.
“The Holy Bible says: ‘Honor your father and mother’…”, the Court observed.
The bench further noted that Article 25 of the Universal Declaration of Human Rights (UDHR) declares that everyone has a right to an adequate standard of living, in the event of sickness, disability, old age, etc.
It pointed out that Article 41 of the Indian Constitution also says, “We cannot ignore the principles in a social order creating an obligation on the children to maintain their parents during old age”.
The Court went on to further point out that just because a law, like the 2007 Maintenance of Senior Citizens Act, entitled a senior citizen to claim maintenance prospectively, it did not mean that the law “negates” claims for past maintenance.
Then the court stated that the petitioner, being a man with self-respect, may have restrained himself from approaching the courts earlier in the hope that his children would respect his needs. His patience for his children cannot be cited to deny his claim for maintenance, the court added.
“Even without any positive aid of law the court could have recognised the right of the elderly irrespective of the religion to claim the past maintenance and future maintenance. Merely for the reason that the legislation had only provided measures for the award of prospective maintenance, that cannot result in denial of the claim for past maintenance...
the court ruled.
Hence, the High Court set aside the family court’s earlier decision to reject the senior citizen’s plea and asked the family court to consider the matter on merits.
All the parties have now been asked to appear before the family court on September 12 and the family court was directed to decide on the case within two months.
Crew on seized cargo ship to be released soon, assures Iran Foreign Minister
The 16 remaining Indian crew members on board a cargo ship seized by Iran are set to be released soon, Iran Foreign Minister Hossein Amir-Abdollahian assured his Portuguese counterpart Paulo Rangel in a telephonic conversation on Saturday.
1,500 Sikhs join BJP ahead of Lok Sabha polls in Delhi, Punjab
In a significant development, 1,500 members from the Delhi Sikh Gurdwara Management Committee, along with Singh Sabha and other Sikh organisations, joined BJP on Saturday, just weeks ahead of Lok Sabha elections in Delhi and Punjab.
TMC writes to ECI complaining about CBI, NSG ops at Sandeshkhali during second phase of polls
The Trinamool Congress on Saturday wrote to the Election Commission of India (ECI) opposing the CBI and National Security Guard (NSG) raids at Sandeshkhali in North 24 Parganas District on Friday and expressed apprehensions that the central agencies might have 'planted' weapons at the search site to 'defame it' when the second phase of Lok Sabha polls were underway.
2 CRPF personnel killed in attack by armed group in Manipur
Two Central Reserve Police Force (CRPF) personnel, including a Sub Inspector, were killed and two others have been injured after armed groups attacked a camp of security forces in Manipur’s Bishnupur district early on Saturday, police said.
Land subsidence leaves 350 people homeless in J&K’s Ramban District
Over 350 people in Jammu and Kashmir’s (J&K’s) Ramban District abandoned their homes on Saturday after destruction of the houses due to land subsidence.
Houthi leader vows to continue maritime attacks, calls Indian Ocean 'new theatre of confrontation'
Abdul Malik al-Houthi, the leader of Yemen's Houthi group, has vowed to continue its naval operations in the Red Sea, rejecting media reports suggesting a decrease in Houthi maritime attacks, the Houthi-run al-Masirah TV reported.
Second phase of Lok Sabha polls sees enthusiastic voter turnout from Jammu to Kerala, Maharashtra to Tripura
The BJP, holding a significant number of seats in this phase, considers these elections crucial for maintaining and expanding its influence to secure a substantial majority in the Lok Sabha.
EC suspends 26 Tripura govt staff for taking part in political events, violation of poll code
The Election Commission (EC) has so far suspended 26 Tripura government employees, including security personnel, for participating in political events, election campaigns, and violating the Model Code of Conduct (MCC),