High Court: Widowed Daughter-in-Law Has Right to Maintenance from Father-in-Law
In a recent decision, the Allahabad High Court ruled that a widowed daughter-in-law can legally claim financial support from her father-in-law if she has no income source and has not remarried.
The verdict was given by a division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh in an appeal filed by Shree Rajpati. He challenged a previous order by a family court in Agra that directed him to pay ₹3,000 monthly to his widowed daughter-in-law, Bhuri Devi.
The court explained that in Indian society, it is common for widowed women to return to their parental homes for various reasons. It emphasized that this does not mean the woman has left her marital home without a valid reason or is financially independent.
Bhuri Devi’s husband, who worked as a daily wage employee with the irrigation department, was murdered in 1999. Since then, she has remained unmarried and claimed she has no income. She sought maintenance from her father-in-law, arguing that her late husband would have had a share in the agricultural land owned by his father.
Rajpati, the father-in-law, argued that Bhuri Devi had remarried and was working as a cook at a college. However, he failed to provide solid evidence. The court also said that a certificate from the college principal, which allegedly confirmed her employment, did not mention her salary and could not be relied upon.
After considering all aspects, the court acknowledged that the father-in-law is 70 years old and financially dependent on his other sons. As a result, the court partly accepted his appeal and reduced the monthly maintenance from ₹3,000 to ₹1,000.
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