There is no legal obligation on the daughter-in-law to maintain her in-laws: Allahabad High Court

Bureau Prayagraj- The Allahabad High Court remarked that under the legal provisions of Section 125 of CrPC or Section 144 of BNSS, there is no legal obligation on the daughter-in-law to maintain her in-laws. Noting that the right to claim maintenance under Section 144 of the BNSS is a legal right and is limited only to those categories of persons clearly mentioned therein, the bench of Justice Madan Pal Singh observed that in-laws do not fall within the scope of the said provision.

The Court also emphasized that a moral obligation, no matter how binding, cannot be enforced as a legal obligation in the absence of a legal mandate. “The legislature, in its wisdom, did not include the in-laws within the ambit of the said provision. In other words, it was not the intention of the legislature to impose on the daughter-in-law the responsibility of maintaining her in-laws under the said provision.”

The bench also dismissed a criminal revision filed by an elderly couple against their daughter-in-law. The petitioners had challenged the order passed in August, 2025 by the Principal Judge, Family Court, Agra, rejecting their applications seeking maintenance under Section 144 of the BNSS.

The parents argued that they were old, illiterate, poor and completely dependent on their deceased son while he was alive. He argued that his daughter-in-law, who is serving as a constable in Uttar Pradesh Police, has sufficient independent income of her own and has also received all the service and retirement benefits of his late son. The petitioners argued that the moral obligation of the daughter-in-law to maintain her aged in-laws should be treated as a legal obligation. However, the court rejected this argument.

The Court also remarked that there was nothing on record to indicate that the daughter-in-law had got the job in the police on compassionate grounds. The Court also made it clear that arguments relating to inheritance of the deceased son’s property do not fall within the scope of consideration in these summary maintenance proceedings. Therefore, finding no illegality, distortion or error in the order of the Family Court, the High Court dismissed the criminal review petition.