India's diverse religious communities are represented through distinct personal laws that often embody unique cultural and ethical elements. This research paper investigates the framework of parental maintenance within Indian Christian Law. Notably, while other personal legal codes like Hindu and Muslim laws outline the responsibilities of children towards their parents, Indian Christian Law does not have a direct statutory stipulation in this context.
Drawing from Christian theological doctrines and traditional teachings, there is a pronounced emphasis on family values and the responsibility of caring for one's parents. However, this moral directive is not directly mirrored in the legal statutes pertaining to Indian Christians. This might give rise to assumptions that Christian parents are devoid of legal protections regarding maintenance. Yet, the broader Indian legal structure provides safeguards.
Section 125 of the Code of Criminal Procedure (CrPC) is central to this protection While it operates independently of religious affiliations, it ensures that parents, regardless of their faith, can seek maintenance from their children if they find themselves in financial distress. Anchored in universal principles of fairness, justice, and human rights, Section 125 underscores the inherent right of the elderly to lead a life marked by dignity and economic assurance.
Through this paper, by juxtaposing legal mandates, court rulings, and foundational Christian principles, we endeavour to offer a holistic view of the scenario of parental maintenance within the purview of Indian Christian Law. This exploration accentuates the delicate equilibrium the Indian legal framework maintains between overarching secular mandates and specific religious guidelines.