Widow entitled for maintenance from father-in-law after husband's death: Allahabad High Court
Prayagraj: The Allahabad High Court has held that a husband’s legal obligation to maintain his wife does not cease with his death. The court further held that a widow may seek maintenance from her deceased husband’s estate and, where necessary, from her father-in-law.
The observation was made by a division bench of Justice Arindam Sinha and Justice Satya Veer Singh while dismissing an appeal filed by Akul Rastogi challenging an order of the Rampur Family Court, as reported by NDTV.
Rastogi had approached the High Court through a first appeal petition after the family court, by its order dated February 6, rejected his application seeking permission to initiate perjury proceedings against his wife. He alleged that she had made false statements while claiming maintenance.
Counsel for the appellant argued that the wife had suppressed material facts, which included her alleged employment status and financial assets. It was contended that she described herself as a housewife and claimed to have fixed deposits exceeding ₹20 lakh with Bank of Baroda and HDFC Bank. Upon being questioned, she stated that the deposits had been made in her name by her father, though only about ₹4 lakh remained after withdrawals.
The bench held that no material had been produced to substantiate the allegation of perjury. It observed that suppression of information cannot automatically be treated as giving false evidence in the absence of proof.
The Court further noted that the fixed deposits were created by the woman’s father, who bears no legal responsibility to maintain her after marriage. The Court observed that financial assistance was necessary for her sustenance, with only a limited sum remaining in the deposits.
Upholding the family court’s order, the High Court directed the appellant to continue paying maintenance. It reaffirmed that a husband is duty-bound to maintain his wife when she seeks such relief under applicable criminal law provisions or personal law which also include Hindu law.
The bench clarified that the obligation does not end upon the husband’s death, and in appropriate circumstances, the widow may claim maintenance from the estate of the deceased husband or from her father-in-law in accordance with law.
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Russian military plane crashes into cliff in Crime: All 29 on board killed in accident
Simferopol: Twenty-nine people traveling in a Russian military plane were killed as the flight crashed into a cliff in Crimea early Wednesday, as per Russian news agencies.
The AN-26 aircraft had lost contact and then gone down on the Black Sea peninsula annexed by Russia from Ukraine in 2014. The Defence Ministry confirmed that 23 passengers and six crew members, who were on board the flight, were killed in the accident, according to Russian news agency TASS.
The agency further said that, while the crash site has been located, more details are yet to be provided by the concerned authorities regarding the circumstances leading to the accident.
Initial assessments have suggested that the plane developed technical problems, which led to the crash, according to RIA news agency.
Russian Defence officers, however, are yet to respond to requests for comments outside regular business hours.
The crash has given rise to fresh concerns regarding the safety of the military transport operations of Russia. Further, this has hiked tensions in the Crimean region.
