Duty Of Children To Care For Parents Is Statutory, Says Bombay High Court

The Bombay High Court has held that the duty of a child to take care of parents indeed is an absolute statutory duty, irrespective of holding or inheriting the parents' property. The court said the neglect of an elderly, medically fragile parent, amongst other things, refutes the fundamental constitutional guarantees of dignity, health, and secure living for senior citizens.

The ruling came while the court was hearing a petition involving the care of a 76-year-old woman, Mohini Puri. She had been admitted to a hospital run by the Bandra Holy Family Hospital Society after an acute stroke. Her condition was fragile, and she was severely malnourished at the time of admission on 24 August 2025.

Her son did not pay the bills nor take her home after treatment, despite her medical needs. The pending dues were approximately Rs 16,00,000. He accused the hospital of negligence and avoided every attempt by the court to make him commit to her care. The petition was prompted by this, which brought into focus the issue of elderly neglect before the bench led by A. S. Gadkari and Ranjitsinha Raja Bhonsale.

Court's View on Duty towards Parents

The court clarified that children's responsibility to take care of their parents emanates from birth and is not contingent on whether they do or shall have any property. The court placed reliance on the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Referring to Sections 4 and 23 of the Act, the court opined that whereas relatives can have a conditional duty linked with properties, the duty of the child is unconditional.

The bench said abandoning or leaving an aged and medically frail parent to the mercy of fate is a denial of the basic constitutional guarantees under dignity, health, and meaningful life. The judges said such a duty is not only moral but legal as well. The law expects children to support their parents in old age, especially when they cannot take care of themselves.

Criticism Of Authorities

The court also expressed disappointment with the lack of prompt action from the police officer involved in the matter and the Senior Citizen Tribunal. According to the judges, once the authorities were informed about the woman's abandonment, they should have instituted proceedings under the Senior Citizens Act. Their inaction defeated the purpose of the law meant to protect older adults.

The judges also said that it was clear from the evidence that the son had neglected and abandoned his mother. They pointed out that persons with disabilities were entitled to full access to justice, protection of property and essential support services.

Directions Issued By The Court

The court ordered several immediate steps for the Puris' safety and medical care. It was ordered that she be shifted to Bhabha Hospital under medical supervision. If the son refuses, then the State should pay for the treatment, the court said.

The Maintenance Tribunal has been directed to take further action under the Senior Citizens Act. The son was restrained from using or dealing with any of her properties without prior permission from the court. He was also directed to furnish details of her movable as well as immovable assets. The court added that a person who failed in his basic duty should not be allowed to enjoy her property.