Woman given compassionate job on husband’s death has to maintain mother-in-law: Punjab and Haryana High Court

The Punjab and Haryana High Court has held that a woman employed on compassionate grounds following her husband’s death can be asked to maintain her mother-in-law..Justice Harpreet Singh Brar upheld a family court order directing a woman to pay an interim maintenance of ₹10,000 per month to her mother-in-law.The Court observed that though Section 125 of the Code of Criminal Procedure (CrPC) does not place any liability on the daughter-in-law to maintain her parent-in-law or vice-versa, exceptions can be carved for the purposes of justice.“In fact, in spite of lack of a dedicated provision making parents-in-law liable to maintain daughter-in-law, a two Judge Bench of the Hon'ble Supreme Court in Manmohan Gopal Vs. The State of Chhattisgarh and another, 2023(14) Scale 684 held that the petitioner/father-in-law along with the husband were liable to clear the arrears of maintenance and directed six of the shops co-owned by them to be sold. Reliance can also be placed on the judgment rendered by a Division Bench of Allahabad High Court in Hari Lal Vs. Balwantia, 1998(4) R.C.R.(Civil) 23. Therefore, when the interest of justice demands it, exceptions have been carved out to serve the interest of justice.”.The petitioner woman was appointed as junior clerk by the Rail Coach Factory in 2005 after her husband, a constable, died in 2002. Thereafter, she left her matrimonial home along with her son.In 2022, her mother-in-law approached a family court in Sonepat seek maintenance from her. In March 2024, the petitioner was ordered by the court to pay the interim maintenance to her mother-in-law.She challenged the same, arguing that her mother-in-law has other children who can maintain her. It was also contended that the mother-in-law had approached the court after a delay of 20 years..However, the High Court found that at the time of appointment, she had undertaken to look after the dependents and family members of her husband. From the record, it found that the mother-in-law had no one to maintain her as her daughter is already married and the other son is a rickshaw puller who has to take care of his severely sick child.The Court then explained that the object and purpose behind granting maintenance under Section 125 of CrPC is to avoid destitution or vagrancy. At the same time, a just and careful balance must be struck to ensure that this provision does not degenerate into a weapon of harassment, it added.“The Courts are required to conduct the maintenance proceedings, while being alive to the legislative intent behind the provision under Section 125 of Cr.P.C. (now Section 144 of BNSS) in its true spirit, which is to provide speedy assistance and social justice to women, children and infirm parents. The provisions of Section 125 of Cr.P.C. (now Section 144 of BNSS) were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India,” it further said..In this backdrop and considering the affidavit sworn by the woman at the time of her appointment, the Court said,“Since the petitioner was given her current job on compassionate ground, she is liable to take care of the respondent, as she has stepped into the shoes of her deceased husband.”Though the Court acknowledged the petitioner’s plight as a single mother, it said that she cannot be allowed to reap the benefits of compassionate appointment and at the same time avoid the responsibilities that come with it.“The record reflects that the petitioner is earning a handsome amount of Rs. 80,000/- per month, as such, the petitioner can comfortably pay Rs.10,000/- per month to respondent as maintenance,” it added..Advocate Ashutosh Kaushik represented the petitioner.Advocates Ashwani Gaur and Shivangi Sharma represented the respondent.