Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court

The Bombay High Court recently held that parents-in-law are not entitled to maintenance from their widowed daughter-in-law under section 125 of CrPC.

Justice Kishore C Sant sitting at Aurangabad noted that the list of relatives entitled to claim maintenance under the provision is exhaustive and does not include father-in-law and mother-in-law.

“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 court held.

The court set aside trial court’s order awarding in-laws maintenance from their widowed daughter-in-law.

Petitioner is the widowed daughter-in-law of the respondents. Her deceased husband was a conductor in MSRTC. After his death, she started working in the state health department. Her in-laws sought maintenance from her on the ground that they are old aged and have no source of income.

The petitioner opposed the application submitting that the in-laws have four daughters, land and their own house etc. Further, after the death of her husband, his mother received almost Rs. 1,88,000/- from MSRTC with the remaining amount given to his minor son.

She contended that the daughters are liable to pay maintenance as all of them have a share in the respondents’ property. Further, since her service is not on compassionate ground in place of her husband, she is not legally bound to pay maintenance to her in-laws.

However, the trial court awarded maintenance to the in-laws. Hence the daughter-in-law approached the High Court.

The court noted that father-in-law and mother-in-law are not mentioned in section 125(1) CrPC. Further, even the persons who are mentioned are only eligible to maintenance if they are unable to maintain themselves, the court said.

“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”, said the court.

The in-laws argued that after their son’s death, the petitioner got everything in his name. When daughter-in-law succeeds in property it becomes her liability to maintain her in-laws, they argued.

The court did not consider this submission for proceedings under section 125 of CrPC as the categories of person entitled to claim maintenance are already mentioned in the section and do not include in-laws.

The court quashed the maintenance order on the grounds that in-laws aren’t mentioned in section 125 CrPC, her appointment was not on compassionate ground in place of her husband, and the mother-in-law has already received certain amount after the death of her son.

Further, they have their own land and own house and hence no case is made out by the in-laws to claim maintenance from their daughter-in-law, the court held.

Case no. – Criminal Writ Petition No. 1092 of 2022

Case Title – Shobha w/o Sanjay Tidke v. Kishanrao S/o. Ramrao Tidke and Anr.

Citation: 2023 LiveLaw (Bom) 202