Husband’s Duty To Maintain Wife Continues After Death: Allahabad High Court

Lucknow, April 1: The Allahabad High Court has observed that under Hindu law, a husband’s obligation to maintain his wife does not end with his death, and in certain circumstances, a widow can seek maintenance from her father-in-law. The court made the observation while dismissing a husband’s plea seeking permission to prosecute his wife for alleged perjury in a maintenance dispute.

The court clarified that this principle is well established in law and extends to situations where a widow is unable to support herself. In such cases, she may claim maintenance from her father-in-law, subject to specific legal conditions.  CBI Court Sentences 6 Convicts to 2 Years’ Imprisonment for Illegal Trade of Tiger and Leopard Remains.

Maintenance Rights Extend Beyond Husband’s Death

The bench noted that a husband is legally bound to maintain his wife, and this obligation continues even after his death through provisions that allow a widow to claim support from her in-laws.

Under the Hindu Adoptions and Maintenance Act, 1956, a widowed daughter-in-law can seek maintenance from her father-in-law if she cannot sustain herself through her own income, property, or support from her parents or children. However, this obligation applies only if the father-in-law has sufficient financial means, particularly from ancestral or coparcenary property. Cyber Scam: Mumbai Judge Loses INR 93,000 After Downloading APK File via Fake Samsung Customer Care App on WhatsApp.

Court Rejects Perjury Allegations by Husband

The case arose after a husband challenged a Family Court order and sought permission to initiate perjury proceedings against his wife. He alleged that she had provided false information about her employment status and financial assets to claim maintenance.

Specifically, the husband claimed that his wife had misrepresented herself as unemployed and concealed fixed deposits worth over ₹20 lakh. The High Court, however, found no evidence to support these claims.

Burden of Proof Lies on the Accuser

The court emphasised that the burden of proof rests on the person making the allegation. It stated that an individual cannot be compelled to prove a negative claim, such as proving that they are not employed.

On the issue of financial assets, the court noted that the deposits were given by the woman’s father and that a significant portion had already been withdrawn, indicating financial need. It also observed that, generally, a father is not obligated to maintain a married daughter unless she becomes a widow.

Non-Disclosure Not Automatically False Statement

Addressing the husband’s argument regarding incomplete financial disclosure, the court referred to guidelines laid down by the Rajnesh v. Neha. The bench clarified that mere non-disclosure of certain details in an affidavit does not automatically amount to a false statement or perjury.

“The suppression is not, or cannot be, a false statement,” the court observed, rejecting the husband’s plea.

Finding no substantial evidence of false claims, the High Court dismissed the husband’s appeal at the initial stage. The ruling reinforces existing legal principles on maintenance under Hindu law and clarifies the scope of financial responsibility within families, particularly in cases involving widowed daughters-in-law.

(The above story first appeared on LatestLY on Apr 01, 2026 05:56 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).