Back
KISHORE C. SANT
Shobha W/o. Sanjay Tidke – Appellant
Versus
Kishanrao S/o. Ramrao Tidke – Respondent
JUDGMENT :
Heard.
1. Rule. Rule made returnable forthwith by consent of the parties.
2. A short question that is involved in this petition is as to whether father-in-law and mother-in-law can claim for maintenance from their widowed daughter-in-law under Section 125 of the Code of Criminal Procedure? The facts in short are that the petitioner-Shobha, widow of deceased son of respondent no.1 and 2, who was serving as a Conductor in MSRTC. After death of her husband, the petitioner for her survival started doing job in the health department and presently is working at J.J. Hospital, Mumbai. The case of the respondents is that now they are old aged persons having no source of income. Since their son is expired, there is no one to look after them and therefore they filed an application for maintenance in Nyayadhikari Gram Nyayalaya, Jalkot.
3. The petitioner appeared in the proceeding and filed an application below Exhibit-9. She also filed her say in which she has stated that the respondents have four daughters, who are married and staying with their husbands. The respondents are having 2 Acre 30 Gunth of land at Village Kunki, Tq. Jalkot Dist. Latur. They have their own house. After the
Parents-in-law will not be entitled to claim maintenance from their widowed daughter-in-law.
Under Section 125 Cr.P.C., it has not been specifically provided that the father-in-law is liable to maintain his daughter-in-law and her children who are unable to maintain themselves.
A second marriage is void if the first is not dissolved; thus, a second wife cannot claim maintenance unless legally recognized under Section 125, Cr.P.C.
A widowed daughter-in-law is not entitled to maintenance under Section 125 of the Code of Criminal Procedure when claiming against her in-laws.
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
Validity of marriage in section 125 proceedings is based on evidence, and maintenance should enable the wife to live with dignity.
The main legal point established is that the right of an unmarried daughter for maintenance from her father, even after attaining majority, is recognized under Section 20(3) of the Hindu Adoption and....
A daughter who has attained majority is not entitled to maintenance under Section 125 Cr.P.C. unless she is unable to maintain herself due to physical or mental abnormality.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
