S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law.

A single judge bench of Justice V Srishananda allowed the petition filed by an elderly couple and set aside the order of the trial court dated 30.11.2021, directing them to pay Rs 20,000 to the wife of their deceased son and Rs 5,000 to his children.

The petitioners argued 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.

The respondents contended that after the death of Khaja Mainudden Agadi husband of the first respondent and father of respondent Nos.2 to 5, the 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.

Referring to Section 125, the court said “Provisions of law envisage that a wife can lay a claim for maintenance. Likewise, parents can maintain a petition against their major children. So also minor children can lay a claim.”

It then held “In the absence of any power vested in the Court under Section 125 of Cr.P.C., to entertain a petition filed by the daughter-in-law against her parents in law, this Court is of the considered opinion that the entire order is honest for want of jurisdiction.

Accordingly, it set aside the order and granted liberty to the respondents to proceed against the revision petitioners in accordance with law for appropriate relief.

Appearance: Advocate Kaviita Jadhav For Advocate Arun Neelopant For Petitioners

Advocate Prashant Mathapati for Respondents

Citation No: 2024 LiveLaw (Kar) 121

Case Title: Abdul Khader & ANR AND Tasleem Jamela Agadi & Others

Case No: REV.PET FAMILY COURT NO.100026 OF 2022

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