Allahabad: The Allahabad High Court has ruled that a moral obligation, no matter how compelling, cannot be enforced as a legal duty. The court dismissed a petition filed by an elderly couple seeking maintenance from their daughter-in-law after the death of their son.
Plea Filed After Family Court Rejection
The couple had approached the high court after a family court rejected their plea in August last year. Their counsel argued that the petitioners are old, illiterate, and were financially dependent on their son, who worked as a constable in the Uttar Pradesh Police.
The couple’s son got married in 2016 and died in 2021. His wife, the daughter-in-law, is also a constable in the Uttar Pradesh Police. The petitioners claimed that she has a stable income and had also received service benefits after their son’s death. They argued that she should be legally bound to support them.
Court Cites Legal Limits Under Law
The court noted that the plea was filed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which allows maintenance claims for a dependent wife, children, and parents. However, it clearly does not include parents-in-law under its scope.
Justice Madan Pal Singh, in his February 4 order, stated that the legislature has not provided for any legal liability on a daughter-in-law to maintain her parents-in-law under this provision.
‘Moral Obligation Not Legally Enforceable’
The bench emphasised that while the argument of moral responsibility may appear strong, it cannot be treated as a legal requirement without a statutory provision. The court also noted that there was nothing on record to show that the daughter-in-law had secured her government job on compassionate grounds.
Upholding the family court’s decision, the high court dismissed the petition, stating that maintenance can only be claimed by those categories specifically mentioned in the law.
