In a landmark decision, the Punjab and Haryana High Court has ruled that a mother-in-law is entitled to receive maintenance from her daughter-in-law, provided the latter was employed under compassionate grounds after the death of her husband. This judgment underscores the comprehensive responsibilities associated with compassionate appointments, extending beyond mere employment to encompass familial obligations.
Presiding over the case, Justice Harpreet Singh Brar rejected the appeal lodged by the daughter-in-law, emphasizing that securing a compassionate appointment entails upholding the moral and ethical duties towards the family members of the deceased. The crux of the dispute involved a petitioner who was appointed as a junior clerk at the Rail Coach Factory in Kapurthala in 2005, following her spouse’s demise. At the outset of her appointment, she committed through an affidavit to support her late husband’s dependents.
Justice Brar remarked, “One cannot accept the benefits of a compassionate appointment while shirking the associated responsibilities.” He pointed out that with a monthly income of Rs 80,000, the petitioner is well-capable of providing Rs 10,000 each month for the maintenance of her mother-in-law.
Although Section 124 of the Criminal Procedure Code (CrPC), now renumbered as Section 144 in the BNSS, does not explicitly mandate a daughter-in-law to sustain her in-laws, Justice Brar highlighted the necessity for a broader interpretation of the law. This approach aims at averting destitution and upholding justice through interpretations sensitive to the context and circumstances of each case.
Justice Brar articulated, “Justice must serve the deserved, balancing accountability and fairness. The very essence of justice would be undermined if interpreted in a strictly mechanical way, ignoring the nuances and contexts that define each case.”
