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Allahabad High Court Rules on Daughter-in-Law's Maintenance Obligations

In a significant ruling, the Allahabad High Court has stated that daughters-in-law are not legally required to maintain their parents-in-law. This decision arose from a case where an elderly couple sought support from their daughter-in-law, who is a police constable. The court emphasized that while moral obligations may exist, they cannot be enforced without a statutory basis. The ruling clarifies the scope of maintenance laws under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which does not include parents-in-law among those entitled to support. This case highlights the legal distinctions in family maintenance responsibilities.
 

Court's Ruling on Maintenance Responsibilities


The Allahabad High Court has determined that a daughter-in-law is not legally required to provide maintenance for her parents-in-law, as reported on Saturday.


This ruling came from a bench led by Justice Madan Pal Singh, who dismissed a criminal revision petition submitted by an elderly couple against their daughter-in-law.


The court clarified that the right to seek maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita is a statutory right, applicable only to specific categories outlined in the law.


Section 144 allows a magistrate to mandate that individuals with adequate means provide monthly support to their spouse, children, or parents who are unable to care for themselves. This section has replaced Section 125 of the Code of Criminal Procedure.


Justice Singh pointed out that parents-in-law are not included in the categories eligible for maintenance under this provision.


He emphasized that while there may be a moral expectation for support, such obligations cannot be enforced legally without a statutory basis. The judge remarked that the legislature has intentionally excluded parents-in-law from this provision.


“In essence, the legislative framework does not impose a maintenance obligation on a daughter-in-law towards her parents-in-law under this provision,” the court stated.


The elderly couple had contested a family court's decision from August 2025 in Agra, which denied their request for maintenance under Section 144.


They claimed to be elderly, uneducated, and financially struggling, having relied on their son during his life.


They argued that their daughter-in-law, who serves as a constable in the Uttar Pradesh Police and has her own income, should be legally obligated to support them, particularly since she benefited from her husband's service and retirement funds.


However, the court noted that there was no evidence indicating that her job was obtained on compassionate grounds. It also stated that issues regarding inheritance of the deceased son's property are not relevant in summary maintenance cases.