Allahabad High Court: Widow May Demand Maintenance From Father-In-Law

The Allahabad High Court decided on Tuesday that a husband’s legal duty to provide for his wife continues even after his passing. The Court further stated that a widow may seek maintenance from her deceased husband’s assets and, if that proves insufficient, from her father-in-law. The comments were made by the court during a hearing in which a man contested a family court order and asked for authorization to prosecute his wife for allegedly lying to the court or perjury.

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 attorney contended that his client’s wife had filed bogus claims for maintenance on a number of grounds. For instance, rather than revealing that she is a working woman, she claimed to be a housewife. Second, she claimed to hold Fixed Deposit Receipts (FDRs) with Bank of Baroda and HDFC Bank totaling more than Rs 20 lakh. When questioned, the wife claimed that her father had made these payments in her favor. But just Rs 4 lakh was still in the account; the remainder had already been taken out.The appeal was denied by the bench of Justices Arindam Sinha and Satya Veer Singh, who said that the attorney had not offered any supporting documentation for the plea. The Court unequivocally declared that withholding information is not the same as making a false statement and should not be interpreted as such.

The Court further observed that the woman’s father, who is not liable for her maintenance after marriage, formed the FDRs. The Court noted that the woman requires financial assistance to support herself now that there is only Rs 4 lakh left in the FDRs The Allahabad High Court ordered the appellant to give his wife maintenance and upheld the family court’s ruling.

According to the Court, a husband has an obligation to give his wife maintenance. This duty stems from circumstances in which a husband has split and the woman has requested maintenance, either in compliance with Hindu law’s maintenance laws or on the basis of criminal statutes.  The husband’s obligation continues after his passing. According to the court, the wife is entitled to maintenance from her father-in-law under specific circumstances.