Section 144 BNSS | Daughter-In-Law Not Legally Obligated To Maintain Parents-In-Law : Allahabad High Court

The Allahabad High Court has observed that a daughter-in-law is not legally obligated to maintain her parents-in-law under the statutory provision of Section 125 CrPC or Section 144 BNSS. Observing that the right to claim maintenance under Section 144 BNSS is a statutory right and is confined only to the categories of persons expressly mentioned therein, a bench of Justice Madan Pal Singh noted that parents-in-law do not fall within the ambit of the said provision The Court also stressed that a moral obligation, however compelling it may appear, cannot be enforced as a legal obligation in the absence of a statutory mandate. “The legislature, in its wisdom, has not included parentsin-law within the ambit of the said provision. In other words, it is not the scheme of the legislature to fasten liability of maintenance upon a daughter-in-law towards her parents-in-law under the said provision.” With this, the bench dismissed a criminal revision plea filed by an elderly couple against their daughter-in-law. The revisionists had challenged an August 2025 order passed by the Principal Judge, Family Court, Agra, which rejected their application seeking maintenance under Section 144 BNSS. The parents submitted that they were old, illiterate, indigent and wholly dependent on their deceased son during his lifetime. They argued that their daughter-in-law, who is employed as a Constable in the Uttar Pradesh Police, has sufficient independent income and has also received all service and retirement benefits of the deceased. Lastly, the revisionists contended that the daughter-in-law's moral obligation to maintain her aged parents-in-law should be treated as a legal obligation. The Court, however, rejected this contention. It also noted there was nothing on record to indicate that the daughter-in-law's police employment was secured on compassionate grounds. The Court also clarified that submissions regarding succession to the deceased son's property do not fall for consideration in these summary maintenance proceedings. Thus, finding no illegality, perversity or infirmity in the Family Court's order, the High Court dismissed the criminal revision plea.Case title - Rakesh Kumar And Another vs. State of U.P. and Another 2026 LiveLaw (AB) 146Case citation: 2026 LiveLaw (AB) 146Click Here To Read/Download Order

Section 144 BNSS | Daughter-In-Law Not Legally Obligated To Maintain Parents-In-Law : Allahabad High Court

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