Parents-in-law can’t be forced to maintain daughter-in-law: SC
Posted by 498A_Crusader on March 17, 2008
New Delhi: The latest round of `Saas-Bahu ki ladai’ has gone decisively in favour of the motherin-law. The Supreme Court has ruled that a woman, if neglected by her husband, cannot eye her
mother-in-law’s property for getting maintenance.
Maintenance of a married woman is her husband’s personal obligation and the property in her mother-in-law’s name can never be the subject matter of the obligation to maintain a daughter-in-law even after the death of her husband, said a Bench comprising Justices S B Sinha and V S Sirpurkar.
A woman lawyer, who had filed several cases against her parents-in-law in Chincholi, Karnataka, had even taken recourse to litigation to see that their property was auctioned for getting the maintenance she was entitled to from their son.
Disapproving the extra-legal arguments taken by her and deprecating the trial court and the Karnataka High Court overstretching the law as well as their jurisdiction to go by her
pleadings, the Bench said a woman could seek attachment of properties only if her husband had a share in it.
This means, if the parents-inlaw’s properties were self-acquired and not inherited, then their daughter-in-law could institute suits seeking attachment of those properties which stood in the name of her husband and not against those owned by his parents.
Referring to the plea of the daughter-in-law, Sonalben, the Bench said she might be entitled to maintenance from her husband and the decree in her suit could only be against his properties.
“The decree, if any, must be executed against her husband and only his properties could be attached for that but not of her mother-in-law,” said Justice Sinha, writing the judgment for the
Bench. Referring to the HC order, which was challenged by mother-in-law Vimlaben, the apex court said it suffered from “total non-application of mind” and was “wholly unsustainable”.
“The said orders might have been passed only on consideration that Sonalben is a harassed lady, but the fact that Vimlaben is also a much harassed lady was lost sight of (by the HC),” the Bench said.
Directing release of the attached properties to Vimlaben, the court directed Sonalben to give Rs 50,000 to her mother-in-law as cost of litigation.
As a general guideline to the trial courts, the Bench said: “Sympathy or sentiment, as is well known, should not allow the court to have any effect in its decision-making process. Sympathy or
sentiment can be invoked only in favour of a person who is entitled to it. It should never be taken into consideration as a result whereof the other side would suffer civil or evil consequences.”
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sameer siddiqui said
Great i Apprecaite the Supreme Court and understood the real meaning of it after going through this and can say proud that indian law is not blind.
Mis use of ipc 498a is common know a days and its being looked as a weapon for making a man slave of the women,one can be slave only if she deserves and has the abilities of doing right deeds,insane demands of women cant be appreciated in society of as to that, law should be equal in all cases same is with ipc 498a husband should be arrested but his family is not supposed to especially women and elder people of the man family as per the FIR of the evil women which will be 98% false just to put pressure and harrasement to the family to make them agree as per the women demands. I personally feel false dowry cases are for taking vengance when women is not getting enough control on a man and she is not willing to accept it.
Law should be equal and women should be given 50% reservation and improvise ipc498a so that false dowry cases can be stopped.
only things happen with false dowry cases are lawyers and police fill there pockets for a settled alimony.
A person implicated in such a case can never live a normal life togather with that women filing it.
women should be educated well about the consequences of false cases.
strict laws should be made to save indian family the president of india should look in this regards being women she can understand what innocent people goes through if implicated under false cases,
indian law should look into putting an end to this legal terrorism
Dev said
It’s very much trauma for man, as women are using this as there RamBarn ,its should give only pain to men and pleasure to women while filing false alligation.In such a developed country we have give such a terrist weapon in hand of women(bitch) ,which is mostly wrongly used by much clearver women …they only need money by this … prostitutes are far more better than this type of women at least they earn that money by there own…bcoz intension of such women are only and only money…
god will never forgive such women….they will surely pay for this…
and our law needs improvement on this 498 section…
sony said
HI TO ALL
IT IS REDICULOUS NOW WHAT WILL BE A STATE OF WOMEN ,ITS PATHETIC GOD HAVE SOME MERCY ON WOMEN AS WHEN SHE LEFT HER FATHER HOME IN THE NAME OF GOOD FOR NOTHING HUSBAND AND WHEN SHE REACHES SGHE FINDS DEVIL MOTHER AND FATHER IN LAW
WHO EASILY MAKE HER LIFE A HELL AND THEN WHAT SHE GETS IS NOTHING SO GOOD FOR THESE HIPOCRATES WHO MAKE SUCH LAWS ,
GOD PLEASE HELP WOMEN
kushal said
We are suffering untold agonising period because of scheming devil of a daughter in law who is displaying no respect for her husband and in-laws.Has been constantly threatening to implicate us in some legal tangle.We donot believe in dowry practice. but our good behaviour is taken as our weakness.We have settled in bangalore but belong to Maharashtra. The girl is christian and belongs to Bangalore. can someone suggest a remedy available pl?
Chirag said
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