Student Granddaughter Need Not Maintain Pension-Receiving Grandmother: Kerala High Court

An octogenarian's maintenance claim against her widowed daughter-in-law and student granddaughter

The petitioner's son died while serving as a KSEB Senior Superintendent. She demanded ₹15,000 monthly from his wife and daughter. The Tribunal closed the claim after noting payment of one-third of the death benefits, and the appellate authority agreed.

Issue and applicable law

The central question was an octogenarian's maintenance claim against her widowed daughter-in-law and student granddaughter.

The Court applied Section 2(a) and 2(g) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Any independent claim to family pension had to be pursued elsewhere.

Court's reasoning

The Court held that the daughter-in-law was outside the statutory definition of children, and a granddaughter studying through borrowed funds could not reasonably be required to maintain a pension-receiving grandmother. Its principal reason was that the petitioner drew her own and her late husband's service pensions, had already received over ₹12 lakh from her son's benefits, and could not claim the widow's family pension under this Act.

Decision and practical effect

The High Court upheld rejection of the maintenance proceedings and dismissed the writ petition.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: K. Thankamma v. Moljimol K.S. @ Mol G Mol K.S. and Others
• Court: Kerala High Court
• Case number or citation: WP(C) No. 46758 of 2025; 2026 LiveLaw (Ker) 487
• Judges: Justice Harisankar V. Menon
• Advocates: For petitioner: Jinu Samyaktha Padmakumar, K. Radhakrishnan Nair, Sajen Thampan and Shyam Nair; for respondents: Adhil P., Shabeer Ali Mohamed, V.B. Unniraj and Pooja Surendran
• Source: https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-granddaughter-grandmother-maintenance-549000