LawChakra

Punjab and Haryana High Court: Mother-in-law Entitled to Get Maintenance From Her Daughter-in-law On Compassionate Grounds

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Section 125 of the CrPC (now Section 144 of the BNSS) does not explicitly mandate a daughter-in-law to support her in-laws, Justice Brar highlighted the broader aim of the law to prevent destitution and ensure justice through nuanced, context-driven interpretations.

Punjab: The Punjab and Haryana High Court has declared that a mother-in-law is entitled to maintenance from her daughter-in-law if the latter secured employment on compassionate grounds after her husband’s death.

Justice Harpreet Singh Brar, while rejecting the daughter-in-law’s petition, emphasized that compassionate appointments are not solely about obtaining employment but also about upholding moral and ethical duties towards the deceased’s dependents.

The case involved a woman who, in 2005, was appointed as a junior clerk at the Rail Coach Factory, Kapurthala, following her husband’s demise. At the time, she had submitted an affidavit committing to support her late husband’s dependents.

Justice Brar stated, “The petitioner cannot enjoy the benefits of a compassionate appointment while shirking the responsibilities it entails.”

Given her monthly income of Rs 80,000, the court directed her to pay Rs 10,000 per month as maintenance to her mother-in-law.

Although Section 125 of the CrPC (now Section 144 of the BNSS) does not explicitly mandate a daughter-in-law to support her in-laws, Justice Brar highlighted the broader aim of the law to prevent destitution and ensure justice through nuanced, context-driven interpretations.

He remarked,

“Justice is rooted in accountability and fairness, and its purpose is defeated when viewed mechanically, without context or nuance.”

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