Allahabad HC says widowed daughter-in-law not bound to pay maintenance
What's the story
The Allahabad High Court has dismissed a petition filed by an elderly couple seeking maintenance from their daughter-in-law after their son's death. The couple's son, a Uttar Pradesh police constable, died in 2021. They argued that they were dependent on him and sought maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, according to NDTV. However, the court ruled that parents-in-law are not included under this provision.
Legal clarification
Justice Singh: moral obligation unenforceable
Justice Madan Pal Singh, who presided over the case, clarified that "the concept of moral obligation, howsoever compelling it may appear, cannot be enforced as a legal obligation in the absence of a statutory mandate." He said maintenance can only be claimed by those specifically enumerated under the law. The court upheld an earlier family court order dismissing their petition for maintenance from their daughter-in-law.
Financial status
Daughter-in-law has income and service benefits
The court also noted that the daughter-in-law has her own income and has received service benefits after her husband's death. The couple's lawyer had argued for maintenance based on their dependence on their deceased son. However, the daughter-in-law's lawyer pointed out that she is financially independent, and no intervention was needed in this case.
Petition dismissal
No statute requires daughter-in-law maintenance
The court dismissed the elderly couple's petition, saying there was no statutory provision mandating a daughter-in-law to maintain her parents-in-law. Justice Singh was quoted as saying, "The legislature, in its wisdom, has not included parents-in-law within the ambit of the said provision." The ruling emphasizes that moral obligations cannot be legally enforced without a statutory mandate.