1 week ago
Kerala High Court Rejects Maintenance Order Against Widow
A court in Kerala considered a disagreement between a widow and her mother-in-law.
The mother-in-law was 78 years old and had five children.
Her son, who was married to the widow, had died.
The mother-in-law asked a tribunal to make the widow pay her Rs 10,000 every month.
The tribunal agreed and ordered the payments.
The widow appealed to the High Court.
The High Court said the law did not allow the mother-in-law to choose only her daughter-in-law for maintenance when she had other children.
The court cancelled the monthly-payment order but said the money already paid did not need to be returned.
The Kerala High Court set aside an order requiring a widow to pay her mother-in-law Rs 10,000 monthly.
The court said a daughter-in-law is not covered as a responsible relative under Section 9 of the law in these circumstances.
The 78-year-old mother-in-law had five children, including the widow’s deceased husband, and was living with another son.
The mother-in-law had transferred property to the widow while retaining a life interest, then sought maintenance through the Maintenance Tribunal.
The court said amounts already paid by the widow would not have to be refunded.
- Who
- An unnamed widow, her 78-year-old mother-in-law, and the Kerala High Court.
- What
- The court cancelled a Rs 10,000 monthly maintenance order against the widow.
- Where
- The case was decided by the Kerala High Court.
- When
- The High Court ruling was issued on September 8; the tribunal’s order was dated July 16, 2021.
- Why
- The court said maintenance under Section 9 could not be sought only from the daughter-in-law when the senior citizen had other children.
Widow's Argument
Mother-in-Law's Argument
Responsibility for maintenance
Widow's Argument
The widow argued that her mother-in-law was living with another son and had other children who could care for her.
Mother-in-Law's Argument
The mother-in-law argued that the widow had a duty to maintain her and had not allowed her to enter or benefit from the property.
Choice of person responsible
Widow's Argument
The widow challenged being singled out for maintenance despite the mother-in-law having other surviving children.
Mother-in-Law's Argument
The mother-in-law sought maintenance specifically from the widow under the settlement deed and the senior-citizen maintenance law.
Key facts
- Monthly amount ordered
- Rs 10,000
- Mother-in-law's age
- 78
- Mother-in-law's children
- Five, including the widow's deceased husband
- Tribunal order
- Issued on July 16, 2021
- Property settlement
- Executed on February 20, 2021, with a life interest retained by the mother-in-law
- High Court outcome
- The maintenance order was set aside
- Previously paid amounts
- The widow was not required to receive a refund
Quotes
Justice Harisankar V Menon
Kerala High Court judge who delivered the ruling
“When the mother-in-law has other children, she may not be justified in picking and choosing the petitioner alone for payment of maintenance to her. This is especially so since the petitioner is none other than the wife of the petitioner’s deceased son.”
indianexpress.com
Sources
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