IMPORTANT POINT
Under Section 125 of Cr.P.C., daughter-in-law cannot lay claim against her parents-in-law.

ORDER

Miss. Kavita Jadhav representing Shri. Arun L. Neelopant, learned counsel for the revision petitioners and Shri. Prashant Mathapati, learned counsel for respondent No.1.

2. Revision Petition is filed by the respondents in Criminal Miscellaneous No.155/2021 on the file of Principal Judge, Family Court, Ballari, challenging the order dated 30.11.2021.

3. Facts in brief are as under:

3.1. Respondents herein namely Tasleem Jamela and and her children claiming to be the wife and children of Late Khaja Mainudden Agadi, filed a petition under Section 125 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), seeking for grant of maintenance on the ground of after the death of Khaja Mainudden Agadi, the respondents being the parents-in-law failed to maintain the petitioners.

4. Petition on contest, came to be allowed by granting sum of Rs.20,000/- per month to the first petitioner and sum of Rs.5,000/- to the petitioner Nos.2 to 5.

5. Being aggrieved by the same, respondents who are the parents-in-law of the first petitioner in Criminal Miscellaneous No.155/2021 and first respondent in the present revision petition filed the present revision petition challenging the very validity and jurisdiction of the learned Magistrate in entertaining a petition under Section 125 of Cr.P.C.

6. Miss. Kavita Jadhav, learned counsel representing the revision petitioner reiterating the grounds urged in the petition vehemently contended that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition.

7. Per contra, Shri. Prashant Mathapati, learned counsel for respondent No.1 contended that after the death of Khaja Mainudden Agadi husband of the first respondent and father of the respondent Nos.2 to 5, revision petitioner being the parents-in-law failed to take care of the welfare of the respondents and therefore, awarding of maintenance is just and proper and sought for dismissal of the revision petition.

8. Having heard the parties in detail, this Court perused the material on record meticulously.

9. On such perusal of the material on record, it is just and necessary for this Court to cull out Section 125 of Cr.P.C to appreciate the argument put forth on behalf of the revision petitioner.

“125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate [* * *] [The words “not exceeding five hundred rupees in the whole” omitted by Act 50 of 2001, w.e.f. 24.9.2001.], as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

[Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such per