A Delhi court has dismissed the plea of a widow seeking interim maintenance from her father-in -law in a domestic violence case, saying no law provides that he has to maintain his daughter-in-law and grand children irrespective of the fact whether he earns or not.
Metropolitan Magistrate Shilpi Jain refused to grant the interim monetary relief to the woman, who had sought Rs 35,000 per month as maintenance from her father-in-law, while noting that he was unemployed and could not provide the same.
“In these circumstances, when the father-in-law himself is unemployed, no law provides that he has to maintain his daughter-in-law and grand children, irrespective of the fact whether he earns or not.
“Court cannot tell the father-in-law/grandfather to beg, borrow or steal but give maintenance to the daughter-in-law, more so when she is almost equally qualified and almost equally capable of earning and already has widow pension of Rs 1000 per month,” the court said.
The court, while rejecting the plea noted that as per the income affidavits of the complainant and father-in-law, the woman had studied up to class nine and was getting a widow pension of Rs 1000 per month, while her father-in-law was a matriculate and an unemployed senior citizen with his wife dependent on him.
“Both the parties are almost equally qualified and respondent is senior citizen having his wife as dependent on him. On the other hand petitioner is having Rs 1000 per month as widow pension with her,” it said.
The woman had sought interim maintenance from her father-in-law in a domestic violence case filed by her against him, her mother-in-law, and two others alleging that she was physically and mentally tortured by them for dowry.
The father-in-law and other accused had denied the allegations saying they never committed any domestic violence and she was not entitled to any maintenance.
