Court affirms that statutory provisions do not mandate maintenance obligations for daughter-in-law towards parents-in-law.
In a significant ruling, the Allahabad High Court upheld the decision of the Family Court, Agra, which denied maintenance to parents-in-law seeking support from their daughter-in-law. The judgment, delivered by Justice Madan Pal Singh, clarifies the scope of maintenance obligations under the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing that the statutory provisions do not extend to include parents-in-law as beneficiaries.
The case, titled "Rakesh Kumar v. State of U.P.," involved a criminal revision petition filed by the parents-in-law of the opposite party, who is employed as a Constable in the Uttar Pradesh Police. The revisionists had claimed maintenance on the grounds of moral obligation, arguing that they were indigent and dependent on their deceased son, Pravesh Kumar, who passed away in 2021. They contended that their daughter-in-law, having received the service and retiral benefits of the deceased, should be legally obligated to provide for them.
However, the court noted that the right to claim maintenance under Section 125 of the Code of Criminal Procedure, now reflected in the Bharatiya Nagarik Suraksha Sanhita, 2023, is limited to specific categories of individuals, which do not include parents-in-law. Justice Singh highlighted that the legislature has not intended to extend maintenance liabilities to encompass a daughter-in-law's obligation towards her in-laws.
The court further observed that issues related to the succession of property or employment on compassionate grounds fall outside the ambit of summary maintenance proceedings. The judgment underscored that moral obligations, no matter how compelling, cannot be enforced as legal obligations without a statutory basis.
In dismissing the revision petition, the High Court found no illegality or perversity in the Family Court's order, reiterating the necessity of adhering to the legislative framework governing maintenance provisions.
Bottom Line:
Maintenance under Section 125 of the Code of Criminal Procedure (corresponding provisions in Bharatiya Nagarik Suraksha Sanhita, 2023) is a statutory right confined to specific categories of persons expressly mentioned in the provision. Parents-in-law are not included within the scope of this provision.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 125, 144
Rakesh Kumar v. State of U.P., (Allahabad) : Law Finder Doc id # 2874250
