83-year-old woman got Rs 12.28 lakh after son’s death, but sought Rs 15,000 maintenance from college-going granddaughter and a share of family pension from son’s widow; why Kerala HC rejected plea
Is a woman entitled to seek maintenance from her granddaughter and late son’s widow if she herself already receives pension? In a recent judgement, the Kerala High Court has ruled that a grandmother cannot seek maintenance from her granddaughter and her son’s widow while also demanding a share in the widow’s family pension, particularly when the granddaughter is a college student.
What the case is about
An 83-year old retired woman in Kerala filed a case seeking monthly maintenance payment of Rs 15,000 and also claimed a share in the widow family pension.The woman is a retired employee of the Kerala Government Fisheries Department and receives a pension following her retirement. Her husband had also served as a senior officer in the Fisheries Department and received a pension. She resides in her home in Kochi.Her son died while working as a Senior Superintendent with the Kerala State Electricity Board (KSEB). He was survived by his wife and daughter. Following his death, his wife became entitled to widow family pension from KSEB, while his daughter is pursuing her college education with the help of a loan.Also Read | Man opted for VRS after employer shut plant, got Rs 65.21 lakh and reported it as advance salary in ITR; Section 89 relief was denied, but ITAT Pune later ruled it a non-taxable capital receiptIn addition, the late son’s mother received around Rs 12 lakh from the death benefits payable following her son’s death. This amount was nearly one-third of the total benefits, excluding the PF component. The balance was paid to the wife.But, now the 83 year old woman sought a monthly maintenance payment and claimed a share in the widow’s family pension. She approached the court seeking these claims. However, she lost the case before the Kerala High Court on August 18, 2026.
Why did the grandmother lose the case?
The Kerala High Court noted that following the death of the woman’s son, his service benefits were initially proposed to be paid to his wife and daughter. However, the mother of the deceased employee, subsequently raised a claim for a portion of the benefits.Following that claim, KSEB directly paid Rs 12.28 lakh to the mother. The court also noted that she did not dispute having received this payment.The Kerala High Court referred to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, noting that Section 2(a) sets out the definition of ‘children’, while Section 2(g) defines the term ‘relative’.The court noted that a daughter-in-law is not included within the definition under Section 2(a). However, the woman’s advocate argued that her granddaughter comes within the meaning of both “children” and “relative” under the law and, therefore, could be expected to provide maintenance to her grandmother.According to an ET report, the court said it was unable to understand the basis for such an argument, particularly because it was undisputed that the second respondent, the granddaughter, was only a student.Also Read | He bought a diesel SUV for Rs 13.69 lakh; but repeated DPF issues followed; consumer commission finds deficiency in service and awards Rs 10.99 lakh refund, 9% interest and compensationThe Kerala High Court observed that the grandmother could not be expected to make such unreasonable demands, especially when the counter affidavit filed by her son’s widow and granddaughter specifically stated that the granddaughter was pursuing her studies with the help of credit facilities obtained from a bank.The Kerala High Court also held that the woman had no entitlement under the Senior Citizens law to seek payment of the family pension that was being received by her son’s widow.The Kerala High Court said: “This is not visualized with reference to the provisions of the Act. If the petitioner (grandmother) has such a case, her remedy lies elsewhere.”Based on these observations, the Kerala High Court dismissed both appeals, including her claim for Rs 15,000 monthly maintenance and her demand for a share in the widow’s family pension.Also Read | Man enters JDA for land, gets 6 flats from builder and transfers 5 to wife, but gets tax notice; ITAT Delhi deletes Rs 4.14 crore additions after finding no stock-in-trade conversion or sale
