In a landmark ruling, the Allahabad High Court clarified that a widowed daughter-in-law can receive maintenance from her father-in-law, even if she chooses to live with her own parents instead of her in-laws’ home.
The division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh issued the decision, emphasizing that the law does not mandate a widowed woman to reside with her in-laws to qualify for maintenance.
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The court acknowledged that widowed women might choose to live with their parents for various personal and social reasons, and it ruled that this choice does not indicate abandonment of their matrimonial home or their ability to self-support.
The case of Rajpati vs Bhuri Devi resulted in the ruling. Bhuri Devi, a widow whose husband died in 1999, asked her father-in-law, Rajpati, for maintenance.
Bhuri Devi, who has remained unmarried since her husband’s death, initially received Rs. 80,000 as terminal dues from her late husband’s employer and also claimed entitlement to her father-in-law’s property.
Rajpati contested the maintenance claim, alleging that Bhuri Devi held a job and deposited Rs. 20,000 into his account, denying any claim to the terminal dues.
He also contended that Bhuri Devi had remarried and was thus not entitled to maintenance.
The Family Court of Agra awarded Bhuri Devi Rs. 20,000 as compensation and set a maintenance amount of Rs. 3,000 per month.
Rajpati challenged this decision in the High Court.
Upon review, the High Court noted that Rajpati failed to provide documentary evidence substantiating claims of misappropriation of terminal dues and Bhuri Devi’s employment status.
Meanwhile, the court pointed out that allegations of remarriage and gainful employment lacked concrete proof, as only oral statements supported them.
The High Court upheld the Family Court’s decision, confirming that Bhuri Devi deserves maintenance from her father-in-law, even while living with her parents.
The court affirmed that such a residential arrangement does not disqualify her from receiving maintenance support.
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