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S. RAVINDRA BHAT, ARAVIND KUMAR
Manmohan Gopal – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
S. RAVINDRA BHAT, J.
1. With consent, heard the counsel for parties. The present miscellaneous application has been filed in one disposed of criminal appeal1[Crl. A. No.s 85-86/2021.] in which this court granted bail to the mother-in-law and father-in-law (Petitioners herein) of the Respondent No.2 herein (hereafter “R2” or “applicant” interchangeably) for offences under 420, 406, 468, 34, 120B of IPC.
2. The present applications are filed by the daughter in law (original complainant and R2) for recovery of both arrears of maintenance and monthly maintenance of Rs.1,27,500. She is seeking from this court to direct to the family court of Bilaspur to decide the petition under Section 125(3) of CrPC within 6 months on the father-in-law and mother-in-law (now deceased) on the ground that she lives with her widowed mother, on whom she is dependent for expenses, including litigation expenses.
3. The factual background of the case is that Petitioner’s son, Mr. Varun Gopal got married to R2 sometime in the year 2012-13. At the relevant time, Varun Gopal was employed in Australia. Within two years of marriage, the matrimonial relationship deteriorated leading to various legal proceed
Maintenance – Court is not powerless but can issue appropriate directions and even decrees for doing complete justice between parties.
The court ruled on the scope of enforcing maintenance obligations against in-laws and established its authority to ensure compliance through property attachments.
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
The main legal point established is the court's authority to assess and modify maintenance orders, adjust rental income, and impose conditions on property sale and attachment under the Domestic Viole....
(1) Compelling a married women to live in her parental home, is also a cruelty.(2) Wife is entitled to enjoy same status which she would have enjoyed in her matrimonial house. Wife cannot be compelle....
The central legal point established in the judgment is that a widowed daughter-in-law is entitled to maintenance from her father-in-law under Section 19 of the Hindu Adoption and Maintenance Act, 195....
The court emphasized the importance of compliance with maintenance orders and directed the respondent to pay 20% of the arrears of maintenance within 20 days.
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