Allahabad HC ruling: The Allahabad High Court (HC), in a significant ruling reinforcing women’s financial rights, ruled on Wednesday that a widow is entitled to claim maintenance from her deceased husband’s estate, and if insufficient, can even approach her father-in-law. The bench observed this during the hearing of an appeal filed by one Akul Rastogi, who had challenged a family court order, and sought permission to initiate perjury proceedings against his wife, alleging that she had misled the court to claim maintenance. 

Bench junks appeal due to lack of evidence

A bench comprising Justice Arindam Sinha and Justice Satya Veer Singh dismissed the appeal, stating that the appellant had failed to furnish credible evidence to substantiate claims of false testimony. The justices clarified that mere suppression of information does not constitute perjury, drawing a distinction between omission and deliberate falsehood. 

Dispute ensued over financial disclosure

Rastogi’s counsel argued in the court that his wife had misrepresented her financial status by posing as a homemaker while allegedly being employed. They also contended that she possessed close to Rs 20 lakh in fixed deposits across banks such as the Bank of Baroda and HDFC Bank. 

The woman, however, claimed that the deposits had been made by her father, and that only Rs 4 lakh was left with her, with the rest already withdrawn. 

Allahabad HC ruling: Court upholds rights to maintenance

Taking cognisance of the woman’s financial position, the bench observed that the deposits were created by the woman’s father, who bears no legal responsibility for her maintenance after her marriage. With limited funds left with her, the bench underlined the need for continued financial support. Upholding the family court’s order, the HC directed the appellant to continue paying maintenance to his wife. 

Court says husband’s duty extends beyond death

The court reiterated that a husband’s obligation to maintain his wife does not cease upon his death. Rooted in both statutory provision and principles of Hindu law, this duty ensures that a widow is not left destitute. The court affirmed that where the deceased husband’s estate is inadequate, the widow may seek maintenance from her father-in-law under applicable legal provisions.

Also read: “Live-in relationship not a crime for a married man,” rules Allahabad HC