Section 125 CrPC- Parents-In-Law Not Entitled To Receive Maintenance From Widowed Daughter-In-Law: Bombay HC
The Bombay High Court has held that parents-in-law cannot claim maintenance from their widowed daughter-in-law under Section 125 of the Code of Criminal Procedure.
The Court made this observation while dealing with a plea by a woman challenging the Order directing her to pay maintenance to the parents of her deceased husband.
“By reading of the Section 125, it is clear that the father-in-law and mother-in-law are not mentioned in the said Section. Even for the Clause (a) to (d), those are qualified by further wording as unable to maintain himself or herself. Thus this question was also fallen for consideration in Criminal Revision Application No. 139/2017, wherein this Court has clearly held that the parents-in-law will not be entitled to claim maintenance from their widowed daughter-in-law. It is held that it is not the scheme of legislature and the legislature has not included parents-in-law in Section 125.”, Justice Kishore C. Sant held.
Advocate Murkute J. M. appeared for the petitioner-woman whereas Advocate Chillarge Subhash S. appeared for the Respondents.
The Court held that the parents-in-law of the widowed woman are not entitled to receive maintenance from the woman on the counts firstly that they did not come under the relation mentioned in Section 125 CrPC.
The Court further added that the appointment of the woman was not on a compassionate ground in place of her husband and that the respondent no.2 has received an amount of Rs. 1,88,000/- after the death of deceased son.
“…it is clear that the respondents are not entitled to receive maintenance from the petitioner on the counts firstly that they are not coming under the the relation mentioned in Section 125. Secondly the appointment of the petitioner was not on a compassionate ground in place of her husband. Thirdly on the count that the respondent no.2 has also received an amount of Rs. 1,88,000/- after the death of deceased son. The fact that the couple have a land and have their own house, is also not disputed.”, the Court noted.
Accordingly, the Court held that no case is made out by the parents-in-law to claim maintenance from the petitioner-widowed woman.
Thus the plea was allowed.
Cause Title- Shobha v. Kishanrao & Ors.
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