In a significant legal ruling, the High Court has affirmed that a widowed daughter-in-law can claim maintenance from her father-in-law if she has no financial support. The judgment was passed by a Division Bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh, in response to an appeal by Shree Rajpati. The appeal challenged the family court’s order granting his daughter-in-law, Bhuri Devi, a monthly maintenance of Rs 3,000.
The case arose after Bhuri Devi’s husband, who worked as a daily wager for the state irrigation department, was murdered in 1999. She claimed that she had no income and had not remarried, thus requiring financial support from her father-in-law. The court noted that her father-in-law had sufficient agricultural holdings that her husband would have been entitled to if he were alive, making her eligible for maintenance.
Court’s Consideration of Social and Legal Context
The court emphasized the societal norms in India, where widowed women often return to live with their parents or in-laws due to various circumstances. The court clarified that Bhuri Devi’s choice to live with her parents should not be interpreted as a separation from her matrimonial home without a reasonable cause. This point reinforced her right to seek financial support, especially since she had no independent means of survival.
The father-in-law, Shree Rajpati, argued that Bhuri Devi had remarried and worked as a cook at a college, and thus was not entitled to maintenance. However, the court dismissed this claim, stating that he provided no concrete evidence of her remarriage or employment. Even the certificate from the college principal, which allegedly confirmed her work as a cook, failed to disclose any details about her income.
Reduction in Maintenance Amount
While the High Court upheld Bhuri Devi’s right to claim maintenance, it acknowledged that her father-in-law, being 70 years old, was himself dependent on his sons. Considering his financial situation, the court reduced the maintenance amount from Rs 3,000 to Rs 1,000 per month. This decision, issued on August 31, balances the financial needs of both parties while ensuring that Bhuri Devi receives some support.
Conclusion
This ruling highlights the legal provisions in place to protect widowed women who may find themselves without financial support after the death of their husbands. It reaffirms that widowed daughters-in-law have the right to claim maintenance from their in-laws if they lack independent income. The decision also stresses that societal norms should not be used to deny rightful claims to financial assistance.
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