HC: Daughter-in-law is not legally bound to maintain parents-in-law

Prayagraj: The Allahabad high court has ruled that a daughter-in-law is not legally bound to maintain her parents-in-law under Section 125 of CrPC (now Section 144 of BNSS), stating that moral obligations do not translate to legal ones without statutory backing.The court observed that the right to claim maintenance is a statutory right and is confined only to the categories of persons expressly mentioned therein. Parents-in-law do not fall within the ambit of this provision, Justice Madan Pal Singh said in his recent order.Dismissing a criminal revision petition filed by an elderly couple — Rakesh Kumar and his wife against their daughter-in-law, he observed, "The legislature, in its wisdom, has not included parents-in-law within the ambit of the said provision. In other words, it is not the scheme of the legislature to fasten liability of maintenance upon a daughter-in-law towards her parents-in-law under this provision."An elderly couple had challenged an Aug 2025 order passed by the principal judge, family court, Agra, which rejected their application seeking maintenance under Section 144 of BNSS. The parents submitted that they were old, illiterate, indigent and wholly dependent on their deceased son during his lifetime.They contended that their daughter-in-law, who is employed as a constable in the Uttar Pradesh police, has sufficient independent income and has also received all service benefits of their deceased son. They also contended that the daughter-in-law's moral obligation to maintain her aged parents-in-law should be treated as a legal obligation.The court, however, rejected this contention, noting that there was nothing on record to indicate that the daughter-in-law's police employment was secured on compassionate grounds.The court also clarified that submissions regarding succession to the deceased son's property do not fall for consideration in these maintenance proceedings.