Husband’s duty to maintain wife continues even after his death: Allahabad High Court

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3 min readNew DelhiApr 6, 2026 10:23 AM ISTThe husband submitted before the Allahabad High Court that his wife had made several false statements in pleadings regarding her claim for maintenance. (Image generated using AI)Allahabad High Court news: The Allahabad High Court recently observed that a husband’s obligation to maintain his wife continues even after his death, allowing the widow to claim maintenance from her father-in-law.A bench of Justices Arindam Sinha and Satya Veer Singh made the observation while dismissing a man’s plea challenging a family court order that had refused to initiate perjury proceedings against his wife in a maintenance dispute. Justices Arindam Sinha and Satya Veer Singh pointed to the family court’s finding that the husband could not bring any document on record to prove that his wife was employed.The Allahabad High Court noted that it is well settled that a husband is obliged to maintain his wife, which emanated from situations where the spouses separated and the wife sought maintenance.Also Read | Moral vs legal: Why Allahabad HC refused to force woman to pay maintenance to her parents-in-law after husband’s death“So much so, this obligation of the husband to maintain the wife attaches even after death of the husband in the law allowing the widow to claim maintenance from her father-in-law,” the court added in its order dated March 17.Husband’s pleaThe husband had submitted that his wife had made several false statements in pleadings regarding her claim for maintenance. He alleged that she did not disclose that she was a working professional but, instead, claimed to be a homemaker.He further alleged that she had an aggregate in excess of Rs 20 lakh held in fixed deposit receipts (FDR) in different banks. On the court’s query, he said that the deposits were made by her father in her favour, as she had stated in her pleadings, which were also filed in the domestic violence case.The husband, therefore, sought admission of the appeal, stating that the family court had erred on facts and in law by rejecting his application.Story continues below this ad‘No document’ on wife’s employmentThe Allahabad High Court pointed to the family court’s finding that the husband could not bring any document on record to prove that his wife was employed. “There is clear finding of the Family Court that applicant-appellant did not produce any document to demonstrate respondent-wife was employed. She, saying she is not employed, cannot be compelled to prove the negative,” the high court said, adding that the onus was on the husband to prove that she was employed.Also Read | Supreme Court slams ‘flawed’ logic of equating senior bank manager with gunman in dismissal caseOn the FDRs, the court noted, “…they had been made by her father, who has no obligation to maintain her after her marriage, except in case she is widowed. It is applicant’s own case that respondent has broken the FDRs and only about Rs 4 lacs remain deposited. It is demonstration of respondent’s need to maintain herself in absence of applicant providing any maintenance.”The Allahabad High Court observed that there was no material to admit the appeal, nor was there evidence demonstrating that the wife had made a false statement before the family court.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More © IE Online Media Services Pvt LtdAdvertisementLoading Recommendations...