Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]

The Calcutta High Court, on Friday, exempted a father-in-law from maintaining his son's widow, opining that he was under no obligation to maintain her.

The Court had been approached by one Ms. Shabnam Parveen, who had demanded maintenance from her father-in-law, contending that he was the one handling the family business after her husband's death.

Assessing her plea, Justice Md. Mumtaz Khan noted that as per Section 36 of the Protection of Women from Domestic Violence Act, the provisions of the Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force.

The Court opined that since both the parties are Muslim in the case at hand, it would be their personal law that would apply to them.

It then ruled, "Section 36 of the PWDV Act, 2005 provides that the provisions of that Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. In the decision of Mrs. Nanadita Sarkar Nee Sen (Supra), the concept of Hindu Adoption and Maintenance Act, 1956 was taken into consideration vis-a-vis the provisions of PWDV Act, 2005. In the case in hand both parties are Mohammedan and as such under the Muhamadan Law, opposite party no.2, being father-in-law, is under no obligation to provide maintain allowance to the widow of his son namely the petitioner."