Rakesh Kumar And Another vs. State of U.P. and Another, 2026
The Court relied on the plain reading of Section 144 BNSS, emphasizing that maintenance rights are statutorily confined to specific categories of persons.
Judgement Details
Court
Allahabad High Court
Date of Decision
26 March 2026
Judges
Justice Madan Pal Singh
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The petitioners (elderly parents) filed a criminal revision plea challenging an August 2025 order of the Family Court, Agra, which rejected their maintenance application under Section 144 BNSS.
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The petitioners argued they were old, illiterate, and wholly dependent on their deceased son during his lifetime.
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Their daughter-in-law, employed as a Constable in the Uttar Pradesh Police, received independent income and service/retirement benefits of the deceased son.
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The petitioners contended that the daughter-in-law had a moral obligation to maintain them, which should be recognized as a legal duty.
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The High Court emphasized that moral obligations do not translate into legal obligations in the absence of statutory mandate.
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The Court clarified that succession claims or inheritance of the deceased son’s property do not fall under maintenance proceedings.
Issues
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Whether a daughter-in-law is legally obligated to maintain her parents-in-law under Section 125 CrPC or Section 144 BNSS?
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Whether a moral obligation can be enforced as a statutory maintenance obligation under Section 144 BNSS?
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Whether the Family Court’s rejection of maintenance claims against a financially independent daughter-in-law violates any statutory rights of the parents?
Held
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Criminal revision plea dismissed.
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Daughter-in-law has no statutory obligation to maintain her parents-in-law under Section 125 CrPC or Section 144 BNSS.
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Family Court’s order is affirmed; no illegality or perversity found.
Analysis
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The Court relied on the plain reading of Section 144 BNSS, emphasizing that maintenance rights are statutorily confined to specific categories of persons.
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Moral duties do not translate into enforceable legal duties without legislative support.
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The judgment reinforces legal certainty in maintenance law and prevents expansion of liability beyond statutory intent.
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Ensures that financially independent daughters-in-law are not unduly burdened with maintenance claims outside statutory ambit.
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Confirms the distinction between moral and legal obligations in family law.
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Maintains consistency with Section 125 CrPC, which does not include parents-in-law as claimants for maintenance.