Daughter-in-law Given Compassionate Job On Husband’s Death To Mother-in-law

Daughter-in-law Given Compassionate Job On Husband’s Death Has To Maintain Mother-in-law: Punjab & Haryana High Court

The Punjab & Haryana High Court ruled that a widow, who obtained a compassionate job after her husband’s death, must financially support her elderly mother-in-law. The widow, earning ₹80,000/month, was ordered to pay ₹10,000 per month in maintenance. The court emphasized the compassionate appointment’s purpose of alleviating the family’s financial crisis and held that, despite the widow’s single-mother status, she must assume responsibility for her mother-in-law’s care, in line with the duty inherited from her deceased husband.

Facts:

1. The deceased husband of the petitioner (widow) was working as a junior clerk by the Rail Coach Factory in Kapurthala, Punjab in 2002 after his death in March while being in service.
2. The petitioner being the widow of the deceased husband, was appointed as junior clerk by the Rail Coach Factory in 2005 after her husband on compassionate grounds.
3. That at the time of the petitioner woman’s appointment, she had undertaken to look after the dependents and family members of her husband.
4. Thereafter, the Petitioner woman left her matrimonial home along with her son leaving the old and ailing mother-in-law.
5. In 2022, her mother-in-law approached the Family Court, Sonipat seeking maintenance from her daughter-in-law.
6. In March 2024, the petitioner woman was ordered by the court observed that she is earning Rs. 80,000/- per month and was thus, ordered her to pay Rs. 10,000/- per month to mother-in-law as interim maintenance.
7. The Petitioner woman challenged the same before the Hon’ble High Court by way of present revision.

Prime Argument Of Daughter-in-law:

1. The Petitioner woman argued that her mother-in-law had four children who can maintain her and that the mother-in-law was not solely dependent on the deceased husband of the Petitioner woman.
2. It was also contended that the mother-in-law had approached the court after a delay of 20 years.
   A mother-in-law cannot be considered a dependent in terms of Section 125 of CrPC (Now as Section 144 of BNSS) upon the daughter-in-law.

Prime Argument Of Mother-in-law:

1. The mother-in-law primarily relied upon the fact that the petitioner daughter-in-law got appointed as junior clerk by the Rail Coach Factory only by the virtue of being the wife of deceased husband who died during the tenure of his service and solely on compassionate grounds.
2. At the time of appointment, she had undertaken to look after the dependents and family members of her husband.
3. 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.

High Court’s Verdict

1. The Court then highlighted the object and purpose behind granting maintenance under Section 125 of CrPC is to avoid destitution or vagrancy. However, a just and careful balance must be struck to ensure that this provision does not degenerate into a weapon of harassment, it added.
2. The Hon’ble Court acknowledged the petitioner’s plight as a single mother however, at the same time she cannot be allowed to reap the benefits of compassionate appointment and at the same time avoid the responsibilities that come with it.
3. The Courts emphasized that the provisions of Section 125 of Cr.P.C. (now Section 144 of BNSS) were primarily 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.”