Couple asked to provide maintenance to son widow
Metropolitan Magistrate Rachna Tiwari Lakhanpal gave the order holding that a man`s widow is entitled to claim maintenance from her father and mother-in-laws.
Accordingly, the court asked the woman`s father-in-law, an engineer with Northern Railways, and mother-in-law to pay maintenance to her and her son.
"The woman is entitled for Rs 10,000 per month for herself and her minor son towards maintenance for his food, clothing, medicine expenses etc, including rent for alternative accommodation," the court said.
The court gave its order on the widow`s plea, who alleged that after the death of her husband, she went to her parents` home to perform a ritual, but the her in-laws did not allow her to come back.
In her plea for maintenance, the woman said she is unemployed and has a minor son. She said that she was surviving on her parent`s mercy.
The petitioner said she was married in October 2008, but from the day one of her marriage, her parents-in-law used to ridicule her and often accuse her of having extra-marital affairs with one or the other.
The petitioner said her husband used to suffer from high blood pressure and some mental problem. She told the court that her husband had various bank accounts and properties in his name, but after his death her parents-in-law transferred all money to their accounts and had sold the properties.
"She was not given a single penny, even for the sake of maintaining his child," the counsel for widow said.
"The transaction shows that even after two days of death of their son, father was in so much hurry that they got transferred the cash of his deceased son in his name. It goes to show his malafied…," the court observed.
"Although in normal circumstances,husband is liable to pay the maintenance to his wife, but in the circumstances discussed above malafide of respondents (parents) are apparent on face of record," the court said, adding that the widow is entitled to get maintenance.