Widow Eligible To Claim Maintenance From Father-In-Law: Allahabad High Court

A husband's legal obligation to maintain his wife does not end even after his death, the Allahabad High Court ruled on Tuesday. A widow can claim maintenance from her dead husband's property and in case that proves to be insufficient, from her father-in-law, the Court added.

The Court made the remarks during a hearing where a man challenged a family court order, seeking permission to prosecute his wife for perjury or allegedly lying to the court.

Argument In Court

The appellant, Akul Rastogi, had filed a First Appeal petition before the Allahabad High Court. The counsel appearing on behalf of Rastogi argued before the Court that his client was aggrieved by an order dated February 6, passed by the Rampur Family Court, wherein his application seeking permission to initiate proceedings against his wife for giving false testimony was dismissed.

Rastogi's lawyer argued that there were several grounds upon which his client's wife had made false statements to claim maintenance. For example, she claimed to be a housewife instead of disclosing that she is a working woman. Secondly, she claimed to have over Rs 20 lakh in the form of Fixed Deposit Receipts (FDRs) with Bank of Baroda and HDFC Bank. When questioned, the wife stated that these deposits had been made in her favor by her father. However, only Rs 4 lakh remained deposited, while the rest had already been withdrawn.

What The Court Said

The bench of Justice Arindam Sinha and Justice Satya Veer Singh rejected the appeal stating that the counsel had failed to provide any evidence to back the plea. The Court categorically stated that the suppression of information cannot be equated with, nor should it be construed as, giving a false statement.

The Court also noted that the FDRs were created by the woman's father, who bears no responsibility for her maintenance after her marriage. Now that only Rs 4 lakh remain in the FDRs, the Court observed that the woman needs financial support to sustain herself.

The Allahabad High Court upheld the family court's order and directed the appellant to pay maintenance to his wife.

The Court said that a husband is duty-bound to provide maintenance to his wife. This obligation originates from situations, where spouses have separated and the wife has sought maintenance, either on the ground of criminal statutes or in accordance with the maintenance provisions enshrined in Hindu Law.

The husband's duty does not end with his death. The woman has the right to claim maintenance from her father-in-law under certain conditions, the court said.

(With inputs from Deepak Gambhir)