Woman Ordered To Maintain Mother-In-Law On Getting Compassionate Job After Husband’s Death

Aarohi Girish Dhumale

The Punjab and Haryana High Court has ordered a woman, who secured a compassionate job in place of her deceased husband, to pay maintenance of ₹10,000 to her mother-in-law.

The Bench comprising of Justice Harpreet Singh Brar stated that though Section 125 of the CrPC (now Section 144 of BNSS) does not impose any obligation on a daughter-in-law to support her parents-in-law, the petitioner woman had been employed on compassionate grounds.

The idea behind granting compassionate appointment is to assist the family in dealing with the financial crisis that follows death of a bread-earner,” said the Court. The husband of the mother-in-law has died and the son, who is living with her, is a rickshaw puller, and can’t take her financial responsibility.

The woman had challenged a Family Court order from Soniepat, which in March 2024, directed her to pay ₹10,000 as maintenance to her sexagenarian mother-in-law. According to the case details, the woman married a Soniepat resident in May 2001, who worked as a constable at the Rail Coach Factory in Kapurthala. He passed away while in service in March 2002. In January 2005, the petitioner secured a job through compassionate appointment. Later, she left her matrimonial home. In 2022, her mother-in-law filed a maintenance petition, which was subsequently granted by the family court.

In her petition before the High Court, the woman argued that her deceased husband’s parents were not dependent on her. She also highlighted that she was raising her son as a single mother. She also argued that when she left her matrimonial home, she never requested any financial support from her in-laws.

The Court observed that the woman had submitted an affidavit at the time of her appointment, stating that she would be responsible for taking care of the “dependents and family members” of her deceased husband.

 “As the petitioner was given her current position on compassionate grounds, she is obligated to support the respondent, as she has assumed the role of her late husband,” the Court stated. While acknowledging the challenges faced by a single mother, the Court emphasized that she could not be allowed to shirk the responsibilities tied to a compassionate appointment. The Court also pointed out that the woman, earning ₹80,000 per month, could easily afford to pay ₹10,000 monthly in maintenance.