LUCKNOW: The Allahabad High Court dismissed a petition filed by an elderly couple seeking maintenance from their daughter-in-law saying that parents-in-law had no legal right to claim financial support from their daughter-in-law.
The court observed that under Section 125 of the erstwhile Criminal Procedure Code (CrPC), as well as the corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita, parents-in-law were not included among those entitled to get maintenance from the daughter-in-law.
The order was passed by a single judge bench of Justice Madan Pal Singh. The case arose from a criminal revision petition filed by Rakesh Kumar and his wife, both residents of Agra. The couple had sought maintenance from their daughter-in-law under Section 144 following the death of their son.
However, the family court had rejected their plea on August 21, 2025, prompting them to approach the High Court.
After hearing arguments, the High Court noted that there was no evidence to show that the daughter-in-law had secured her job on compassionate grounds in place of her husband. It further stated that while a moral obligation may exist, it cannot be enforced as a legal duty on the daughter-in-law to pay maintenance to the parents-in-law. Maintenance can only be granted to those explicitly mentioned under the law.
The petitioners’ counsel argued that the couple were illiterate and financially dependent on their only son, Pravesh Kumar, who served as a constable in the Uttar Pradesh Police. He died on March 31, 2021. His wife, also a constable in the police force, used to get a stable income along with service and retirement benefits.
The counsel contended that caring for parents-in-law should be treated as a legal responsibility. However, the court held that their claim under Section 144 was not legally sustainable, as the provision did not include parents-in-law among eligible dependents. It added that there was no error in the family court’s order.
Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, a magistrate may direct a person with sufficient means to provide maintenance to a wife, children, or parents who are unable to support themselves.