In Indian society, filial responsibility towards aged parents is deeply embedded in cultural and religious values. However, beyond moral obligations, there are also statutory provisions under personal laws and secular enactments that mandate children to provide maintenance to their parents. A common query that arises in this context is whether daughters, especially after marriage, are also legally bound to maintain their parents.
This article seeks to explore the position of law—particularly under Hindu Law—regarding a daughter’s liability to maintain her parents and the remedies available to them.
Legal Framework Governing Maintenance to Parents
1. Hindu Adoptions and Maintenance Act, 1956 (HAMA)
Section 20 of the Hindu Adoptions and Maintenance Act, 1956, is the cornerstone provision that governs the duty of a Hindu to maintain their aged or infirm parents.
Section 20(1) of HAMA reads:
“A Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.”
Section 20(3) further provides:
“The obligation of a person to maintain his or her aged or infirm parent…is subject to the parent being unable to maintain himself or herself.”
This provision expressly includes both sons and daughters and thereby creates a legal obligation upon a daughter—whether married or unmarried—to maintain her parents, provided the parents are:
- Aged or infirm, and
- Unable to maintain themselves.
Key Observations
- There is no gender discrimination in this statutory duty.
- The law applies irrespective of the child’s marital status.
- However, the liability is not absolute; it is contingent upon the financial ability of the daughter and the inability of the parents to maintain themselves.
2. Maintenance and Welfare of Parents and Senior Citizens Act, 2007
This is a secular legislation applicable across all religions and communities in India. It provides for the maintenance and welfare of parents and senior citizens, including procedures for claiming maintenance.
Section 4(1) states:
“A senior citizen including a parent who is unable to maintain himself from his own earnings or out of the property owned by him, shall be entitled to make an application for maintenance from—
(a) one or more of his children not being a minor…”
The Explanation to this section clarifies:
“‘Children’ includes son, daughter, grandson and grand-daughter but does not include a minor.”
Thus, under this Act, both sons and daughters, irrespective of religion, are equally responsible to maintain their parents.
Key Features:
- Applicable to both biological and adoptive children.
- Maintenance can include food, clothing, residence, medical attendance and treatment.
- Proceedings under this Act are summary in nature and disposed of within 90 days.
- Provides a simple forum (Maintenance Tribunal) for aged parents to seek relief.
Maintenance of Hindu Parents under BNSS, 2023
Relevant Provision: Section 144 BNSS (Analogous to Section 125 CrPC)
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the statutory right of parents, including father or mother, to claim maintenance from their children (son or daughter) if they are unable to maintain themselves.
Judicial Interpretation
[1] Dr. (Mrs.) Vijaya Manohar Arbat v. Kashi Rao Rajaram Sawai (1987)
In Dr. (Mrs.) Vijaya Manohar Arbat v. Kashi Rao Rajaram Sawai (1987), the Supreme Court held that a father can claim maintenance under Section 125(1)(d) of the CrPC [currently Section 144(1) in Bharatiya Nagarik Suraksha Sanhita, 2023] not only from his son but also from his daughter, including a married daughter. The Court clarified that the pronoun “his” in the phrase “his father or mother” includes “her” as well, interpreting it in line with Section 8 of the IPC [currently Section 2(9) of Bharatiya Nyaya Sanhita] and Section 13 of the General Clauses Act.
It emphasised that a daughter, even after marriage, remains equally responsible for the maintenance of her parents, provided she has sufficient independent means.
[2] Sampa Deb (Basu) v. State of West Bengal & Anr. (2023)
The Calcutta court gave a well-reasoned decision whereby it mentioned that it is the duty of the petitioner (wife) to take care of her mother since she is in her old age and also visually impaired. Moreover, the school where she works is also nearby the house where her mother resides.
Since the complainant’s (husband’s) parents are not alive, and he himself is not employed, he has been continuing to live with her wife and son. It is unreasonable for their husband to expect that the petitioner (wife) should leave her old and blind mother at this stage of her life.
The High Court of Calcutta stated:
“Taking care of one’s parents is an emotional and loving act. No force in the world can stop a child from doing it and no child can be forced to do so, if he or she does not want to.”
Rationale Behind Daughter’s Liability:
- Equality before Law – Article 14 of the Indian Constitution mandates equal treatment before the law.
- Changing Family Structures – With more nuclear families and working daughters, the idea of sons being sole providers is outdated.
- Property Rights and Obligations – Post the 2005 amendment to the Hindu Succession Act, daughters have equal coparcenary rights. It is only fair that responsibilities are also shared equally.
Maintenance Amount and Limitations
The quantum of maintenance depends on:
- The needs of the parents,
- The standard of living they were accustomed to,
- The earning capacity of the daughter.
Limitation Period: There is no limitation period for claiming maintenance under HAMA or the 2007 Act, but delay without cause may impact the credibility of the claim.
Policy Suggestions and Way Forward
- Awareness Campaigns: Most elderly citizens are unaware of their rights.
- Gender-Neutral Social Expectations: Family and societal narratives should encourage shared responsibility.
- Support for Working Daughters: Policies supporting women in balancing marital and parental obligations would help.
- Legal Aid Clinics: Fast-tracking of elderly claims and legal aid must be institutionalised.
Conclusion
The law in India is clear: Hindu daughters, like sons, are legally obligated to maintain their aged or infirm parents. This duty stems from both the Hindu Adoptions and Maintenance Act, 1956, and the secular Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The legal landscape has moved away from patriarchal norms and embraced a more egalitarian structure where responsibilities and rights go hand in hand.
The courts have consistently interpreted these provisions liberally, in favour of upholding the rights of elderly parents. In the context of changing societal structures and increasing longevity, this is a progressive and necessary interpretation. Daughters, empowered through education, employment, and equal inheritance, now also share the sacred and legal duty of ensuring their parents live with dignity and care.
References
[1] Dr. (Mrs.) Vijaya Manohar Arbat v. Kashi Rao Rajaram Sawai (1987) AIR 1100
[2] Sampa Deb (Basu) v. State of West Bengal & Anr., CRR 1284 of 2019
[3] Hindu Adoptions and Maintenance Act, 1956
[4] Maintenance and Welfare of Parents and Senior Citizens Act, 2007