Can a Wife Claim Maintenance from Her In-Laws in Odisha? Law and Remedies
When a husband is absent, unemployed, or concealing income, can a wife claim maintenance from in-laws in Odisha? The DV Act and Hindu Adoption and Maintenance Act provide limited but real remedies. This guide explains what is possible.
By Advocate Debarchana Samal · 21 July 2026 · 6 min read
The Basic Rule: Maintenance is the Husband's Primary Obligation
Under Section 125 of the Code of Criminal Procedure (CrPC) — now Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) — the obligation to pay maintenance to a wife lies with the husband. In-laws are not directly liable under this provision. Similarly, under the Hindu Adoption and Maintenance Act, 1956, the obligation to maintain a wife belongs to the husband, not his parents.
However, the law is not so simple in practice. Several overlapping legal provisions create situations where in-laws can be made respondents in legal proceedings, where their household assets can become relevant to a maintenance order, and where a daughter-in-law can assert residential rights over property owned by in-laws. This guide explains each of these pathways.
Pathway 1: The Domestic Violence Act — Naming In-Laws as Respondents
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is far broader than people realise. Under Section 2(q) of the PWDVA, a "respondent" is defined as any adult male member of the household and may include relatives of the husband. This means a wife can name her father-in-law, mother-in-law, brother-in-law, or any other relative who participated in acts of domestic violence as a respondent.
The Supreme Court in Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade (2011) held that even female relatives of the husband (mother-in-law, sister-in-law) can be named as respondents under the PWDVA. This was a significant expansion of the law's reach.
Under Section 20 of the PWDVA, the court can award monetary relief from all respondents, including in-laws, to compensate for losses suffered due to domestic violence. This includes compensation for medical expenses, loss of earnings, damage to property, and maintenance for the aggrieved person and her children.
Pathway 2: Right of Residence in the In-Laws' Home
Section 17 of the PWDVA gives every aggrieved wife the right to reside in the shared household regardless of whether she has any title or ownership interest in it. The shared household is defined under Section 2(s) as a household where the aggrieved person lives or has at any stage lived in a domestic relationship with the respondent — even if the in-laws own that property.
Section 19 empowers the court to pass a residence order directing that the in-laws must not dispossess, exclude, or disturb the wife's enjoyment of the shared household. The Supreme Court in S.R. Batra v. Taruna Batra (2007) held that the shared household must be one where the husband actually lives or has lived — so the wife cannot claim residence in every property owned by in-laws, only the one that functioned as the matrimonial home.
Pathway 3: When the Husband Conceals Income — Using Family Assets as Evidence
A common tactic by husbands resisting maintenance is to claim unemployment or very low income. Odisha courts, like courts across India, have developed a robust approach to this problem — the court can impute income to the husband based on the family's standard of living, the husband's educational qualifications, family business interests, and assets owned in the family.
If the husband's family runs a business, owns significant property, or maintains a lifestyle inconsistent with the claimed income, your lawyer can present this evidence to the court. The court does not award maintenance against the in-laws directly under Section 125, but it uses this evidence to determine what the husband is capable of earning and awards maintenance accordingly. This is a crucial distinction — the in-laws' wealth becomes evidence of the husband's earning capacity, not a direct liability.
Pathway 4: Widow's Rights After Husband's Death
If the husband dies, the widow's position changes significantly. Under the Hindu Succession Act, 1956, a widow is a Class I legal heir of her deceased husband. She inherits her husband's share in joint family property and his self-acquired property.
Additionally, under the Hindu Adoption and Maintenance Act, 1956, a widowed daughter-in-law who does not have sufficient means is entitled to maintenance from her father-in-law's estate — but only to the extent that the father-in-law has inherited the husband's estate. This is the one provision in Hindu law that creates a direct maintenance obligation on the father-in-law toward a daughter-in-law.
Daughter-in-Law's Rights Over In-Laws' Ancestral Property
A daughter-in-law has no direct claim over her in-laws' ancestral property while her husband is alive. Her rights are mediated through her husband — she can claim a share in her husband's share of joint family property, but she cannot independently claim against the joint family pool.
However, if a partition suit is filed or becomes necessary as part of matrimonial litigation, the wife's entitlement to maintenance from her husband can be secured against her husband's share in ancestral property. Courts can direct that the husband's share in ancestral property be held as security for maintenance arrears.
Practical note for Odisha courts: In Odisha, Family Courts and the Magistrate courts in Cuttack, Bhubaneswar, and district headquarters regularly deal with DV Act cases naming in-laws. Having a lawyer who knows the local court procedures — including which forms to use, how to present lifestyle evidence, and how to get interim orders quickly — makes a significant difference in the speed and outcome of your case.
Practical Strategy: What to Do When Husband is Unemployed or Hiding Income
Step-by-Step: How to Assert Your Rights Against In-Laws in Odisha
Document evidence of shared household and domestic violence
Preserve photographs, utility bills, rent receipts, or any proof that you lived in the in-laws' home. Record instances of abuse, harassment, or economic control — these form the basis of a DV complaint against in-laws.
File a DV complaint naming all respondents including in-laws
File under Section 12 of the PWDVA before the Judicial Magistrate. Name the husband and in-laws who participated in domestic violence as respondents. Request residence orders, protection orders, and monetary relief simultaneously.
Obtain a residence order under Section 19 PWDVA
Ask the court to pass a residence order preventing your in-laws from evicting you from the matrimonial home. Courts can grant this order as an interim measure, often at the first hearing.
File for maintenance under Section 125 CrPC against the husband
File a separate maintenance petition against the husband. Present evidence of the family's standard of living, property, business income, and vehicles to show the husband's actual earning capacity if he claims unemployment or low income.
Enforce orders and escalate through execution proceedings if needed
If maintenance is not paid or if you are evicted despite a court order, file an execution petition. Courts can attach property and commit the defaulter to prison for breach of a DV Act order. Consistent enforcement is key to making these orders effective.
Frequently Asked Questions
Can I file a maintenance case directly against my father-in-law under Section 125 CrPC?
No. Section 125 CrPC (now Section 144 BNSS) places the maintenance obligation on the husband. You cannot file a Section 125 petition naming your father-in-law as the respondent unless he is the husband. However, you can name in-laws in a DV Act complaint and claim monetary relief from them if they participated in domestic violence.
My in-laws are trying to evict me after my husband left. Can a court stop them?
Yes. Under Section 17 read with Section 19 of the PWDVA, you have the right to reside in the shared household — the home where you lived as part of your matrimonial relationship — even if your in-laws own the property. File a DV complaint and obtain a residence order as an interim relief. Courts in Odisha routinely grant such orders.
My husband says he has no income and cannot pay maintenance. Can I use my in-laws' property to prove otherwise?
You can use evidence of the family's lifestyle, assets, and business to demonstrate that the husband has earning capacity beyond what he claims. Courts will impute income to a husband who deliberately avoids employment or conceals income. The family's wealth is not directly attached, but it is powerful circumstantial evidence.
My husband died. Do I have any claim against my in-laws for maintenance?
Yes, in a limited way. Under the Hindu Adoption and Maintenance Act, a widowed daughter-in-law who has insufficient means is entitled to maintenance from her father-in-law, but only to the extent that the father-in-law has inherited from her deceased husband's estate. Additionally, as a Class I heir, you inherit your husband's share directly under the Hindu Succession Act.
Can I claim maintenance from in-laws after divorce?
Post-divorce, the maintenance obligation continues from the ex-husband, not in-laws. However, your right of residence in the shared household under the DV Act may continue for some period. After divorce, the DV Act protections taper — consult a lawyer about specific interim orders that can protect you during the transition period.
Facing Maintenance or Residence Issues in Cuttack?
Advocate Debarchana Samal handles maintenance petitions, DV Act complaints, and matrimonial property disputes across Odisha courts. Contact us for a confidential consultation on your options.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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