Jharkhand High Court: Elderly Father-in-Law Must Maintain Widowed Daughter-in-Law and Grandchildren
The Jharkhand High Court has ruled that an elderly father-in-law cannot escape his legal obligation to maintain his widowed daughter-in-law and dependent grandchildren merely on the ground of advanced age. Upholding a Family Court order, the Court directed an approximately 84-year-old man to pay a total monthly maintenance of ₹17,000 to his widowed daughter-in-law and two minor grandsons.
The judgment was delivered on November 3, 2026, by a Division Bench comprising Chief Justice M.S. Sonak and Justice Manoj Prasad in Roshan Lal Saw v. Nilam Kumari & Others, First Appeal No. 229 of 2024.
Background of the Case
The dispute arose after the death of the appellant's only son, Suraj Kumar, on October 27, 2020. Following her husband's death, Nilam Kumari was left to raise their two minor sons. She approached the Family Court, Dhanbad, seeking maintenance for herself and her children under the Hindu Adoptions and Maintenance Act, 1956.
She contended that she had no independent source of livelihood, had not received any share in her deceased husband's estate and was unable to meet the family's financial and educational expenses. She alleged that her father-in-law had sufficient financial resources, including a monthly pension exceeding ₹32,000 and other sources of income. Accordingly, she sought maintenance of ₹75,000 per month.
Father-in-Law's Arguments
The father-in-law challenged the maintenance order, arguing that he was over 83 years old and suffered from age-related health problems. He further submitted that his wife, who was also above 80, was dependent on him. He disputed the alleged fixed deposits and maintained that his retirement benefits had been used to construct a house.
What Did the Family Court Decide?
The Principal Judge, Family Court, Dhanbad, directed the father-in-law to pay ₹7,000 per month to his widowed daughter-in-law and ₹5,000 per month to each of his two minor grandsons until they attained majority. The total maintenance liability was fixed at ₹17,000 per month.
Jharkhand High Court's Observations
While examining the appeal, the High Court considered Sections 19, 20, 21 and 22 of the Hindu Adoptions and Maintenance Act, 1956, which deal with the maintenance rights of widowed daughters-in-law, children and dependants.
The Bench observed that the statutory obligation to maintain a widowed daughter-in-law and dependent grandchildren does not disappear merely because the father-in-law is advanced in age.
The Court also took note of the appellant's monthly pension exceeding ₹32,000 and rental income exceeding ₹18,000, resulting in a combined monthly income of more than ₹50,000.
Rejecting the argument based on old age, the Bench observed that the responsibility of maintaining a widowed daughter-in-law and grandchildren does not get extinguished on account of the appellant's age.
Final Decision
The High Court found that the maintenance amount of ₹17,000 per month was reasonable in light of the appellant's financial circumstances. It consequently dismissed the appeal and upheld the Family Court's maintenance order.
Legal Significance: The decision reinforces the statutory protection available to widowed daughters-in-law and dependent grandchildren under the Hindu Adoptions and Maintenance Act, 1956. It also highlights that the financial capacity of the person liable to provide maintenance remains an important consideration when determining the appropriate amount.