The Allahabad High Court has ruled that a daughter-in-law cannot be legally compelled to provide maintenance to her parents-in-law under Section 125 of the Criminal Procedure Code (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita).
The Allahabad High Court has ruled that a daughter-in-law cannot be legally compelled to provide maintenance to her parents-in-law under Section 125 of the Criminal Procedure Code (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita). The court stated while moral responsibilities may exist, they do not automatically translate into enforceable legal duties without explicit statutory backing.
Justice Madan Pal Singh emphasized that the right to claim maintenance is strictly a statutory entitlement, limited only to those categories clearly defined by law. Parents-in-law, the court noted, are not included within this legal framework.
The ruling came while dismissing a criminal revision petition filed by an elderly couple, Rakesh Kumar and his wife, against their daughter-in-law. The court observed, “The legislature, in its wisdom, has not included parents-in-law within the ambit of the said provision. It is not the scheme of the legislature to fasten liability of maintenance upon a daughter-in-law towards her parents-in-law under this provision.”
The couple had challenged an August 2025 order by a family court in Agra, which had denied their plea for maintenance under Section 144 of BNSS. They argued that they were aged, financially vulnerable, and entirely dependent on their late son during his lifetime. They further contended that their daughter-in-law, currently employed as a constable in the Uttar Pradesh Police, had a stable income and had received service benefits following their son’s death.
The couple insisted that the daughter-in-law’s moral duty to care for them should be recognized as a legal obligation. However, the High Court firmly rejected this argument, stating that there was no evidence suggesting her job was secured on compassionate grounds linked to her husband’s death.
The court also made it clear that issues related to inheritance or succession of the deceased son’s property fall outside the scope of maintenance proceedings and cannot be adjudicated in such cases.