Maintenance Obligations of a Brother-in-Law (Devar or Jeith) Towards His Bhabi (Sister-in-Law) and Nephew Under Indian Law

Ajay Kumar v. Lata @ Sharuti (2019)

The court may direct maintenance against a brother-in-law (Devar or Jeth) towards his bhabi (sister-in-law) and her child (widow of deceased brother and nephew), especially if the brother-in-law is managing or benefiting from a joint family business. This maintenance obligation can arise under the Hindu Adoption and Maintenance Act, 1956, or through the Protection of Women from Domestic Violence Act, 2005. The primary basis of such maintenance is the continuation of familial duties and support in cases where the brother-in-law assumes responsibility for joint family properties or business.

Facts of the Case:

- Complainant: A widow and her child, whose husband (the respondent’s brother) passed away, sought maintenance.

- Respondent: The deceased husband's brother (Devar/Jeth) was operating a joint family business, earning income from it, and controlling the family’s financial resources.

- The widow alleged that she and her child were deprived of financial support after her husband’s death and were entitled to maintenance from the joint family’s income or assets, controlled by her brother-in-law.

Key Legal Reasoning:

1. Joint Family Obligation:

- Under Hindu law, if a joint family business is being carried on and profits are being made from it, the karta (head of the joint family) or other responsible family members have a duty to support all dependents of the family. This includes a widowed sister-in-law and her minor children.

- If the family property is intact and being managed by a surviving family member, they are considered responsible for providing maintenance to dependents who are unable to earn, especially widows and minors.

2. Hindu Adoption and Maintenance Act, 1956:

- Under Section 22 of the Act, the heirs of a deceased Hindu (which include his brother, if family properties are involved) are responsible for providing maintenance to the widow and children if she cannot maintain herself from the deceased's assets. This responsibility extends to anyone benefiting from the deceased’s share of the joint family property.

3. Protection of Women from Domestic Violence Act, 2005:

- If the widow is being denied her rightful maintenance or support from her in-laws, she may file a case under this Act. The brother-in-law may be directed to provide financial relief, including maintenance, especially if he is in control of the joint family business or assets from which the deceased’s family would have benefited.

- The courts have ruled that economic abuse under Section 3 of the Domestic Violence Act can include depriving a widow of maintenance from joint family income.

4. Judicial Precedents:

- Indian courts have consistently held that where a joint family business is being managed by a surviving male relative, he can be made to pay maintenance to the widow of the deceased brother. Courts view such cases in light of continuing social and moral obligations under Hindu law and personal laws concerning maintenance.

Judgment Summary:

The court ruled in favor of the widow and child, directing the brother-in-law to pay maintenance. It was held that since the brother-in-law was running the joint family business and managing the family’s finances, he had a legal and moral responsibility to provide for the widow and her child. The court based this on principles of joint family obligations, Hindu law, and statutory protection under the Domestic Violence Act.

Conclusion:

A brother-in-law may be held liable for maintaining his bhabi and her child if he is running or controlling the joint family business. Indian courts look at both moral obligations under Hindu personal law and legal requirements under statutory provisions like the Domestic Violence Act, 2005, to protect the economic rights of widows and children.