Allahabad High court Ruled that Widowed Daughter-in-law Not Required to Reside in Matrimonial Home for Maintenance. The court highlighted that societal and cultural norms often play a significant role in a widow’s decision to return to her parental home after her husband’s death. The bench clarified that a widow’s right to claim maintenance is unaffected by her choice of residence.
In a significant ruling, the Allahabad High Court held that under the Hindu Adoptions and Maintenance Act, 1956, a widowed daughter-in-law is not required to reside in her matrimonial home to claim maintenance from her father-in-law.
The case involved Bhuri Devi, whose husband murdered in 1999. She sought maintenance under Section 19 of the Act, stating that she had no income and entitled to support from her father-in-law.
The Family Court of Agra granted her Rs 3,000 per month as maintenance, but her father-in-law, Rajpati, challenged the decision, arguing that since she had left her matrimonial home to live with her parents, she had no right to claim maintenance.
The bench of Justices Saumitra Dayal Singh and Donadi Ramesh emphasized that cultural and societal factors often influence a widow’s decision to live with her parents.
The court ruled that this decision should not disqualify her from receiving maintenance, stating,
“Merely because the lady made that choice does not mean she separated from her matrimonial home without reasonable cause, nor does it imply she has sufficient means to support herself.”
The judgment further clarified that a widow’s right to maintenance is not dependent on her living with her in-laws, recognizing that many widows face social pressures or discomfort in continuing to stay in the matrimonial home after their husband’s death. The law, the court noted, must be applied with sensitivity to the realities faced by widowed women.
The father-in-law argued that at 70 years old, he financially dependent on his sons, making it difficult to continue paying maintenance.
However, the court noted that he owned agricultural land and had some financial resources. Considering his age and financial situation, the high court reduced the monthly maintenance to Rs 1,000, consistent with an earlier interim order.
The case also included an allegation from the daughter-in-law that her father-in-law misappropriated Rs 80,000 given to him as terminal dues after his son’s death. While the court found no substantial evidence to support this claim, it upheld her right to maintenance under the Hindu Adoptions and Maintenance Act.
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