'Duty Of Children To Care For Parents Is Statutory, Not Conditional On Possession Of Their Property': Bombay High Court

The Bombay High Court has held that the obligation of children to look after and maintain their parents is an unconditional statutory duty under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and is not dependent on whether the child is in possession of, or will inherit, the parent's property. The Court observed that abandonment or neglect of an elderly and medically fragile parent strikes at the heart of constitutional and statutory guarantees ensuring dignity, health and a meaningful life for senior citizens.Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale were hearing a petition filed by the Bandra Holy Family Hospital Society and its hospital, which had been caring for a 76-year-old woman, Mrs. Mohini Puri, after her son (Respondent No. 3) refused both to pay the outstanding medical bills and to take her home following treatment. The Court noted that Mrs. Puri was admitted on 24 August 2025 in a severely malnourished and unstable condition due to an acute stroke, and that the hospital continued to treat her despite unpaid dues of approximately ₹16,00,000. The son levelled allegations of medical negligence and continued to avoid taking responsibility for his mother's care, even refusing to give an undertaking to care for her when proposed by the Court.The Court lamented the conduct of the police officer involved and the Senior Citizen Tribunal for their inaction. The Court observed that it was the statutory duty of the Respondent No. 2, on being made aware of the facts of abandonment of the patient, to take steps under the Act, and inaction on its part defeats the very purpose and object of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.The Court observed that the son's conduct demonstrated a prima facie case of complete neglect and abandonment. Referring to Sections 4 and 23 of the Senior Citizens Act, the Bench held that the duty of a child to maintain and look after the parent is “unconditional and arises by birth,” unlike the duty of a relative, which is linked to possession or inheritance of property. “… the obligation and duty of a child/children to look after their parents or a senior citizen, is not conditional on being in possession of property of the parent or senior. This obligation is cast on the child by birth and is unconditional. Apart from being a moral and pious duty, it is also a statutory duty imposed by the law,” the Court observed. The Court emphasised that the State has a duty to ensure that persons with disabilities are able to access justice, protect their property, and obtain required support services. The Court further noted that the Maintenance Tribunal may also be required to consider protective orders to safeguard the mother's movable and immovable properties during the period she is under State care.The Court further observed that the son-respondent no. 3 ought not be permitted to use or enjoy the properties, despite breaching the moral, pious and obligatory duty to maintain and take care of the mother/parent. Accordingly, the High Court issued detailed directions for her immediate medical care, including shifting her to Bhabha Hospital under medical supervision, directing the State to bear the cost of treatment if the son fails to comply, requiring the Maintenance Tribunal to take necessary steps under the Senior Citizens Act, prohibiting the son from dealing with her properties without leave of the Court, and directing him to disclose all her movable and immovable assets. The petition was allowed in these terms.Case Title: The Bandra Holy Family Hospital Society & Anr. v. State of Maharashtra & Ors. [CRIMINAL WRIT PETITION NO. 5823 OF 2025]Click Here To Read/Download OrderMr. Pradip Chavan a/w. Adv. Yogesh Naidu, Adv. Wesley Menezes, Adv. Sabiya Kazi i/by Adv. Anukul Seth and Adv. Delilah Jeffeerey, Advocates for the Petitioners.Dr. Birendra Saraf, A.G. a/w. Smt. M.M.Deshmukh, Acting PP a/w. Mr. Ashish I. Satpute, APP for the Respondent -State. Adv. Gauri Joglekar i/by Meraki Legal for the Respondent No.3

'Duty Of Children To Care For Parents Is Statutory, Not Conditional On Possession Of Their Property': Bombay High Court

Saksham Vaishya

Tags