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Adv. Subhadeep Saha (Lawyer.)     15 June 2011

Maintenance from daughter in law.

Can the parents of a deceased son who are unable to maintain themselves claim maintenance from their widow daughter-in-law who is a govt. employee ? Under which law?


 12 Replies

Tajobsindia (Senior Partner )     16 June 2011

@ Author Under THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 Section 4 and 5 they can claim maint. However it is better first to adopt widow DIL as daughter citing no. one to call their own child at such senior citizen age !

Tajobsindia (Senior Partner )     16 June 2011

Mumbai HC has held:
Criminal Procedure Code, 1973, Section 125 - Maintenance - From daughter-in-law - Only son of respondent No.1 died - Daughter-in-law got employment on compassionate ground after death of her husband on an undertaking that she will take care of respondent No.1 - Respondent No.1 aged more than 65 years and not able to maintain herself hence widow daughter in law is liable to maintain respondent no. 1 that is mother in law.

1 Like


thanks tajobs

Adv. Subhadeep Saha (Lawyer.)     16 June 2011

To Tajobsindia

thank you. can u plz provide me with the citation or the copy of judgment? that will be very helpful to me. my email id is

prashant pundhir (Criminal Lawyer)     16 June 2011

Dear sir ,

                  I am strictly not agree with Tajob .The wrong interpretation of any judgement can cause harm to us . In the said citration it was hold that as the widow daughter-in-law got the companssionate job in place of her husband so it becomes her resposibility to take care for every person who was the dependant of her husband .

Otherwise no any other law provide the right to ask the maintenance from the widow of son .

Ramanathan G (Independent practice)     18 June 2011

The cause of action against Daughter-in-law exists under law of tort. Especially, if your clients are Hindus, where more than one marriage is permitted. Even for Religions permit more than one marriage, if the parents can prove that they had brought up the son, and it is not that he was brought up by some one else (like their relatives or orphanage etc), under law of tort, they can claim maintenance from Daughter-in-law.

Law of Tort is a Judge made law. Whether there is right of maintenance against a person and whether there is any Duty to care, and mixed question of fact and law. Under Section 134 Indian Evidence Act, 1872; each level of Judge will have his own opinion. To be filed at Civil Judge/ Munsiff or depending upon the State, even can be filed at High Court, depending upon the amount claimed, for which usual Court fees to be paid.

To speak more elaborately, if the Criminal Procedure Code, 1973, Section 125 is read with General Clauses Act, 1897, Section 13; the word “he” can be read as “she”, and extended definitions can be made about DIL = Son. If duty to care can be proved, even under criminal law, with less fees, the maintenance can be claimed.

Duty to care is different than “Compassionate employment” or whether any undertaking is ever given. The aim is not to give money to put as FD, but to prevent death due to starvation. Only thing required is, Judge to hear may be smart and intelligent, and that is a question of luck – equal to reaching the Court without dying in any road accident.


Adv. Chandrasekhar (Advocate)     19 June 2011

It is no more a difficult question.  After passing of the Maintenance of parents and Senior Citizens Act, 2007, it is no more at the discretion of the judge and the in-laws are entitled to be maintained by the able daughter in law, if there is no other relative to support them, as has been explained by the thread author.  This right accures to the in-laws under Section 4 (1)(ii) of the Act.  The Act says that senior citizens are entitled to be maintained by relatives.  The relatives mean the persons who are entitled to succeed the property of the senior citizens as per succession law, if the senior citizens have any property.  In this case, the daughter in law is entitled to succed the property if in-laws have the same.  An application by the in-laws before the tribunal constituted under the Act will solve all the problems. 

Adv. Subhadeep Saha (Lawyer.)     20 June 2011

Thank u all for guiding me. but whether the Maintenance of parents and Senior Citizens Act, 2007 has been notifies to be effective ?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 June 2011

What if the daughter-in-law marries again and acquires a new pair of parents-in-law? I know that certainly she will not be thrown out of the Government job.

Also will she still have the right of succession to her former father-in- law's property?

Adv. Subhadeep Saha (Lawyer.)     21 June 2011

To Dr. Ramani

Sir, under the present Hindu Succession Act,1956 remarriage of a widow will not disentitle her to inherit her earlier father-in-law's property. Earlier Sec.24 of the Hindu Succession Act contained a provision that 'CERTAIN WIDOWS RE-MARRYING MAY NOT INHERIT AS WIDOWS'. But this section has been repealed by the Hindu Succession(Amendment) Act, 2005 w.e.f. 9-9-2005. So now she will be entitled to inherit property of her ealier father-in-law even if she remarries.

Adv. Chandrasekhar (Advocate)     21 June 2011

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

रजिस्ट्रेशन सं. डी. एल.- (एन) 04/0007/2003-07

Registered No. DL - (N) 04/0007/2003-07

भारत का राजपत्र - The Gazette of India



भाग II - खण्ड 1

PART II - Section I

प्राधिकार से प्रकाशित



[सं 75] नई दिल्ली, सोमवार, दिसम्बर 31, 2007/ 10, 1929

No. 67 | NEW DELHI, MONDAY. DECEM BER 31. 2007 /PAUSA 10. 1929


Separate paging is given to this Part in order that it may be filed as a separate compilation


(Legislative Department)

New Delhi, the 31st December, 2007/Pausa 10, 1929 (Saka)

The following Act of Parliament received the assent of the President on the 29th December, 2007 and is hereby published for general information:


No. 56 OF 2007

[29th December, 2007]

An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Fifty-eight Year of the Republic of India as follows:


Got assent of President of India on 29.12.2007.  You have to verify your state Gazette for finding out from which date the Act came into force.

Adv. Subhadeep Saha (Lawyer.)     22 June 2011

Thank you Adv. Chandu.

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