Liability of In-Laws to Maintain a Daughter-in-Law & Vice Versa (India)
The question of maintenance within matrimonial relationships does not always end with the husband and wife. Situations frequently arise where, after the death of the husband, a widowed daughter-in-law seeks maintenance from her in-laws, or conversely, where aged parents-in-law seek support from the daughter-in-law. Indian law addresses both scenarios, but the legal position on each side is materially different and must be clearly understood.
Insofar as the liability of in-laws towards a widowed daughter-in-law is concerned, the governing provision is Section 19 of the Hindu Adoptions and Maintenance Act, 1956. The law recognises a limited right in favour of a widowed daughter-in-law to claim maintenance from her father-in-law, but only upon fulfilment of strict conditions. Such a claim is maintainable only where the daughter-in-law is unable to maintain herself from her own earnings or property, and further, where she is unable to obtain maintenance from the estate of her husband, or from her parents or children. The liability of the father-in-law is therefore not primary but secondary, arising only in the absence of all other sources of support. Additionally, this obligation is enforceable only during the lifetime of the father-in-law and is subject to his financial capacity. The right ceases upon the remarriage of the daughter-in-law or when she becomes self-sufficient. Courts have consistently treated this provision as a measure of social welfare rather than an automatic entitlement.
From a criminal law standpoint, neither Section 125 of the Code of Criminal Procedure nor its successor provision under the Bharatiya Nagarik Suraksha Sanhita recognises any liability of in-laws to maintain a daughter-in-law. The statutory scheme is restricted to maintenance obligations between spouses, parents, and children, thereby excluding extended family members. Under the Protection of Women from Domestic Violence Act, 2005, however, a daughter-in-law may assert rights such as residence in the shared household and monetary relief. While this statute provides a broader protective umbrella, courts ordinarily do not impose a direct and independent maintenance obligation upon in-laws unless the facts of the case justify such relief within the framework of shared household and economic abuse.
The reverse situation, namely whether a daughter-in-law is legally bound to maintain her parents-in-law, stands on a significantly different footing. Under Indian law, there is no general or automatic obligation cast upon a daughter-in-law to maintain her in-laws. The primary statutory provision dealing with maintenance of parents is Section 125 of the Code of Criminal Procedure (now Section 144 BNSS), which enables parents to claim maintenance from their children. Importantly, the expression “children” in this provision has been interpreted to include sons and daughters, but not daughters-in-law. Therefore, a father-in-law or mother-in-law cannot ordinarily invoke this provision against a daughter-in-law.
Similarly, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the obligation to maintain parents and senior citizens is placed upon their children and, in certain cases, legal heirs who are in possession of their property. While the definition of “relative” under the Act may, in limited circumstances, extend to persons who stand to inherit property, courts have generally held that a daughter-in-law cannot be fastened with liability unless she falls within the statutory definition by virtue of possessing or inheriting the property of the senior citizen. Thus, liability, if any, is not based on marital relationship alone but on succession or control over assets.
Judicial trends also reflect that unless a daughter-in-law has inherited the estate of her deceased husband or is in possession of property belonging to the in-laws, courts are reluctant to impose any independent obligation upon her to maintain them. The legal framework consciously avoids creating reciprocal liability between in-laws and daughter-in-law, recognising that such obligations primarily flow through direct familial lines such as spouse and children.
In practical terms, therefore, the law in India creates a one-sided, conditional safety net: while a widowed daughter-in-law may, in limited circumstances, claim maintenance from her father-in-law, the reverse obligation does not ordinarily exist. Any claim against a daughter-in-law would succeed only in exceptional cases where statutory conditions, particularly under senior citizen law, are strictly satisfied. The overall scheme reflects a balance between social protection and legal boundaries, ensuring that vulnerability is addressed without imposing disproportionate burdens beyond the scope of recognised familial obligations.

maintenance between in-laws and daughter-in-law in India
Secondary Keywords
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Section 19 Hindu Adoptions and Maintenance Act
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maintenance of parents by daughter-in-law India
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maintenance rights of widow in India
Suggested H1
Maintenance Between In-Laws and Daughter-in-Law in India
Suggested H2s
Whether In-Laws Are Liable to Maintain a Widowed Daughter-in-Law
Section 19 of the Hindu Adoptions and Maintenance Act, 1956
Whether a Daughter-in-Law Must Maintain Her In-Laws
Position Under Section 125 CrPC and Section 144 BNSS
Position Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Practical Legal Position in India
Open Graph Title
Maintenance Between In-Laws and Daughter-in-Law in India | DKY Legal
Open Graph Description
A detailed legal article on whether in-laws must maintain a widowed daughter-in-law, and whether a daughter-in-law can be held liable to maintain her in-laws in India.