Rakesh Kumar And Another Vs State of U.P. and Another (Allahabad High Court)
The Allahabad High Court examined a criminal revision challenging the order dated 21.08.2025 passed by the Family Court, Agra, which had rejected an application seeking maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicants, who were the parents of the deceased husband, contended that they were elderly, dependent, and had relied entirely on their son during his lifetime. They argued that their daughter-in-law, being employed as a Constable in the Uttar Pradesh Police and having received service and retiral benefits of the deceased, had both the means and a moral obligation to maintain them.
The opposing party argued that the Family Court’s order was legally sound and required no interference. Upon review, the High Court noted that it was undisputed that the applicants were the parents-in-law of the respondent. The Court emphasized that the right to claim maintenance under the relevant statutory provisions is limited to categories expressly mentioned in the law. Parents-in-law are not included within those categories, and therefore, no legal obligation can be imposed on a daughter-in-law to maintain them under such provisions.
The Court further observed that there was no evidence to show that the respondent’s employment was secured on compassionate grounds. It also clarified that issues relating to succession or property rights fall outside the scope of summary maintenance proceedings.
