The Punjab and Haryana High Court dismissed the widow’s plea against the family court’s order allowing the mother-in-law to receive Rs 10,000 on an interim basis. The law of getting a job on the basis of compassion after the death of her husband.
The petitioner submitted that her husband was a constable in the Railway Coach Factory at Kapurthala and died in March 2002 while in service. Thereafter, the petitioner was posted as Junior Clerk on compassionate grounds on January 28, 2005 and thereafter she left her in-laws’ house.
In 2022, her mother-in-law applied for maintenance under Section 125 of CrPC (now Section 144 of BNSS) from the petitioner and was granted interim maintenance of Rs 10,000 per month in March 2024.
The petitioner’s lawyer contended in the High Court that her deceased husband’s parents had five children and they were not dependent on him. “After getting compassionate appointment, the petitioner left her in-laws house with her son. She is raising a child as a single mother. The petitioner’s husband died in the year 2002 and the petitioner was appointed as Junior Clerk in the year 2005. However, after a delay of about 20 years, the defendant applied for maintenance in 2022,” said the lawyer. “Furthermore, the mother-in-law cannot be treated as a dependent by virtue of Section 125 of the CrPC (now Section 144 of the BNSS) on the daughter-in-law,” the petitioner’s counsel said.
However, counsel for the respondent contended that the petitioner was appointed only as a Junior Clerk as the respondent’s son’s husband died in service and the underlying purpose of the compassionate appointment was to help the family navigate the sudden financial crisis. death “As such, once she accepts the compassionate appointment, the petitioner is deemed to have stepped into the shoes of the deceased son of the respondent and is liable to maintain her dependents,” said the mother-in-law’s counsel.
Hearing the case, a single bench of Justice Harpreet Singh Brar said, “It is clear that Section 125 of the Cr.PC (now Section 144 of the BNSS) does not impose any obligation on the daughter-in-law to maintain the parents. Father-in-law or vice versa… However, the petitioner RCF was appointed on compassionate grounds.The idea behind granting compassionate appointments is to help the family cope with the financial crisis that comes after the death of the breadwinner The respondent’s husband had passed away before the filing of the petition and since his death the respondent, a Lingayat, has no one to support him – his son (Praveen Kumar Saini) is deceased, his daughter is married and his other son is a Rickshaw. There is a driver, who has to take care of her sick child. Thus, none of her surviving children are able to take care of her basic needs.”
Justice Brar said, “The object and purpose of granting maintenance under Section 125 of Cr.PC (now Section 144 of BNSS) is to avoid destitution or vagrancy. At the same time, a fair and careful balance is struck to ensure that this provision does not turn into a weapon of oppression.” Courts should live on the legislative intent behind the provision under Section 125 of the Cr.PC (now Section 144 of the BNSS). There is a need to carry out a repair process, which is to provide quick assistance and social justice to women, children and disabled parents.” The bench said, “Since the petitioner has been given her present job on compassionate grounds, she is liable to take care of the respondent, as she has stepped into the shoes of her deceased husband. This Court, being aware of the plight of a single mother, can only avail the benefit of the compassionate appointment and avoid the responsibility that comes with it.” Permission cannot be granted.The record shows that the petitioner is earning a good income of Rs.80,000 per month, thus the petitioner as maintenance. 10,000 per month to the respondent conveniently.
“The primary purpose of justice is to serve the deserving, and accountability and fairness characterize it. However, if justice is viewed in its absolute mechanical form, devoid of context and nuance, that purpose will be defeated.
Justice itself is a dynamic concept, which is always directly influenced by the morality of an evolving society, it can be said with certainty that absolute fairness and lack of mercy often claim fairness as an accident,” said Justice Barar while dismissing the widow’s plea.
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