Mother-in-law entitled to maintenance from daughter-in-law, rules High Court
In a significant ruling on the obligations attached to compassionate appointments, the Punjab and Haryana High Court has held that a mother-in-law is entitled to maintenance from her daughter-in-law if the latter secured employment on compassionate grounds following her husband’s death.
Justice Harpreet Singh Brar, while dismissing the plea filed by daughter-in-law, emphasised that compassionate appointment are not merely about securing employment but about honouring the moral and ethical responsibilities towards the dependents of the deceased.
The case pertained to a petitioner who secured a junior clerk post in the Rail Coach Factory, Kapurthala, in 2005 following her husband’s death. At the time of her appointment, the petitioner had undertaken through an affidavit to take care of her husband’s dependents and family. Justice Brar asserted, “The petitioner cannot be allowed to take benefits of a compassionate appointment and avoid the responsibilities that come with it.” Highlighting the petitioner’s monthly earnings of Rs 80,000, the court directed her to pay Rs10, 000 per month as maintenance to her mother-in-law.
Justice Brar acknowledged that Section 124 of CrPC (now Section 144 of the BNSS) does not explicitly place a legal obligation on a daughter-in-law to maintain her in-laws. However, he underscored that the law’s broader intent is to prevent destitution and ensure justice through context-sensitive interpretations. “The overarching aim of justice is to serve what is deserved and accountability and fairness are identifying features of the same. However, the purpose would be defeated, if justice is viewed in its absolute mechanical form, devoid of context and nuance...,” Justice Brar observed.
