The Kerala High Court has dismissed a senior citizen’s plea seeking ₹15,000 monthly maintenance from her deceased son’s wife and daughter under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The Court held that the petitioner could not claim a share in the family pension under the Senior Citizens Act and found no ground to interfere with the authorities’ orders, particularly after noting the benefits already paid to her and her status as a service pensioner.
Background
The petitioner, K. Thankamma, aged 83, is the mother of T. Raj Kumar, who died while serving as a Senior Superintendent with the Kerala State Electricity Board (KSEB).
She approached the Maintenance Tribunal seeking maintenance from Raj Kumar’s wife and daughter. The Tribunal closed her application in September 2023 after noting that she had already received one-third of the benefits payable to her deceased son, excluding the provident fund component at that stage. Her appeal was later rejected by the District Collector in September 2025.
The High Court noted that KSEB had directly paid ₹12,28,646 to the petitioner after she raised a claim to her deceased son’s service benefits. The respondents also pointed out that the petitioner was herself a service pensioner of the Kerala Fisheries Department and was receiving a pension arising from her late husband’s service. The Court later noted that her status as a service pensioner was not disputed.
On the claim against the granddaughter, the Court observed:
"The petitioner, the grandmother of the 2nd respondent is not expected to raise such unreasonable demands, especially when it is pointed out in the counter affidavit filed by the 1st and 2nd respondents that the 2nd respondent is a student, who is undergoing studies after obtaining credit facilities from the Union Bank of India."
The Court further held that the Senior Citizens Act did not provide for the petitioner to claim a share in the family pension being received by the deceased employee’s wife.
Justice Harisankar V. Menon found no reason to interfere with the District Collector’s order and dismissed the writ petition.
Case Title: K. Thankamma v. Moljimol K.S @ Mol G Mol K.S & Others
Case Number: WP(C) No. 46758 of 2025
Judge: Justice Harisankar V. Menon
Decision Date: August 18, 2026
