Karnataka Court urges centre to reconsider increasing alimony of Rs 10,000 for elderly

Justice M. Nagaprasanna, while hearing a petition, said that this limit no longer reflects today’s economic realities and should be updated in line with inflation.

Bengaluru: The Karnataka High Court has recommended the Central Government to review and amend Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which prohibits tribunals from awarding alimony of more than Rs 10,000 per month for elderly parents.

Justice M. Nagaprasanna, while hearing a petition, said that this limit no longer reflects today's economic realities and should be updated in line with inflation.

What did the court say?

"This court seriously deems it fit to recommend that the Central government reconsider Section 9 and amend the ceiling limit in line with the cost of living index so that the Act is not confined to an empty promise but remains a living guarantee of dignity in old age," the judge said.

The bench stressed that the true wealth of a nation is measured not by material progress alone but also by the way it treats its children and the elderly.

Pointing to the steep rise in the cost of living since 2007, the court said the statutory ceiling of Rs 10,000 has become "untenable over time". It cited the government's inflation index and emphasised that what could be purchased for Rs 100 in 2007 would now require about Rs 1,000 in 2025.

"The cost of food, housing and healthcare have increased manifold," the bench said. Yet, the limit of maintenance remains unchanged, making it impossible to meet even basic needs.''

It questioned whether such meagre support could provide dignity and medical care. It also warned that ignoring this reality would reduce old age to "a mere beastly existence". The court said that relief which is illusory is no relief at all.

The Act was amended in 2019

Notably, the Act was amended in 2019, but the limit of Rs 10,000 under Section 9(2) remained unchanged. A 2019 amendment bill proposed to remove this limit and allow tribunals to fix the amount of maintenance in proportion to the needs and dignity of senior citizens.

However, that proposal never came into effect. Since this limit is fixed in the central law, the court clarified that the state cannot make rules to provide an amount exceeding Rs 10,000.