Daughter-In-Law Cannot Claim Maintenance From Parents-In-Law U/S 125 Cr.P.C.: Karnataka HC
The Karnataka High Court held that a daughter-in-law cannot lay a claim for maintenance under Section 125 of Cr.P.C. against her parents-in-law.
The wife and children of a deceased man (late husband) had filed a petition under Section 125 of the Cr.P.C. seeking a grant of maintenance from the parents-in-law (parents of late husband). The petition was allowed by the Magistrate.
The parents-in-law then filed a revision petition before the High Court and challenged the validity and jurisdiction of a Magistrate in entertaining a petition under Section 125 of Cr.P.C.
A Single Bench of Justice V. Srishananda observed, “On close reading of the provision under Section 125 of Cr.P.C., a daughter-in-law cannot lay a claim against her parents-in-law. Provisions of law envisage that a wife can lay a claim for maintenance.”
Advocate Kavita Jadhav represented the petitioners, while Advocate Prashant Mathapati appeared for the respondents.
The wife had argued that the parents-in-law had failed to take care of the welfare of her and her children after the death of her husband who was also the father to their children. The wife further contended that “awarding of maintenance is just and proper” and sought for dismissal of the revision petition.
Likewise, “parents can maintain a petition against their major children. So also minor children can lay a claim,” explained the Court.
The Court remarked that “in the absence of any power vested in the Court under Section 125 of Cr.P.C., to entertain a petition filed by the daughter-in-law against her parents in law, this Court is of the considered opinion that the entire order is honest for want of jurisdiction.”
Accordingly, the High Court set aside the impugned judgment of the Magistrate and allowed the revision petition.
Cause Title: Abdul Khader & Anr. v. Tasleem Jamela Agadi & Ors. (Neutral Citation: 2024:KHC-D:4296)
Appearance:
Petitioners: Advocates Kavita Jadhav and Arun L. Neelopant
Respondents: Advocate Prashant Mathapati
