Father Not Destitute Cannot Claim Maintenance Merely for Lack of Son's Moral Support: Madras High Court

Maintenance under Section 125 CrPC requires statutory conditions to be satisfied

The Madras High Court held that a father cannot claim maintenance from his son merely because the son acquired the father's self-acquired property and later failed to provide emotional or moral support. The Court stressed that proceedings under Section 125 of the Code of Criminal Procedure are intended to prevent vagrancy and destitution and cannot be converted into a general remedy for family disappointment.

The father had succeeded before the Family Court. The son challenged that order and pointed to the father's continuing financial resources. The record showed that the father retained life interest in flats, received income from shops and business activities, and had sufficient means. The High Court also noted inconsistencies in affidavits filed by the father regarding his property and income.

Law cannot be expanded on sympathetic considerations

Justice Sunder Mohan observed that the facts could generate sympathy because of the breakdown in the relationship between the father and his children. However, courts must apply the statutory conditions rather than decide maintenance claims on moral, equitable or sentimental considerations alone.

The Court found that the father was not living in vagrancy or destitution and that the Family Court's basis for granting maintenance could not be sustained.

Final outcome

The revision was allowed and the Family Court's maintenance order was set aside. Any maintenance already paid was protected from recovery.

Current-law note: The proceeding arose under Section 125 CrPC. The corresponding maintenance framework is now contained in Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Case: Suraj Goyal v CM Goyal

Citation: 2026 LiveLaw (Mad) 449

Judge: Justice Sunder Mohan

For Petitioner: P.R. Raman, Senior Counsel, for M. Aravindan

For Respondent: Rohini Ravikumar

Source: https://www.livelaw.in/amp/high-court/madras-high-court/madras-high-court-125-crpc-son-no-maintenance-father-not-destitute-550565