Father-in-law and mother-in-law cannot claim maintenance from the wife of deceased husband: Bombay High Court

Legal Issue:

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?

Facts:

• The petitioner-Shobha, widow of deceased son of father in law and mother in law, 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 they are old aged persons without 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.
• The respondents are having 2 Acre 30 Gunth of land at Village Kunki, Tq. Jalkot Dist. Latur. Also, They have their own house. Mother in law (mother of deceased son) received amount of Rs.1,88,000/- from MSRTC. The remaining amount is given to the minor son of the deceased.
• The petitioner argued that her father in law and mother in law having four daughter and due share in property were given to all of them, and so they are financially competent enough to look after their parents.
• The Trial Court relying on Saroj W/o. Govind Mukkawar Vs. Smt. Chandrakalabai Polshetwar and Anr held that “maintenance can be claimed even from the daughter-in-law” by relying upon paragraph no.12 of the said judgment.

Observation:

• It was observed that there is no mention of father in law and mother in law in the Section 125 of Cr.P.C. In other words, “it is not the scheme of legislature and the legislature has not included parents-in-law in Section 125.”
• In this case, there is nothing to indicate that the job secured by the petitioner is on a compassionate ground.
• The submission that the petitioner would succeed the property of deceased need not be considered in the proceedings under Section 125 of Cr.P.C.
• Maintenance under the said section can be claimed only by the persons falling in the category mentioned in the above Section.

Order:

Considering the legal issues, facts and circumstances of the case it was held that father-in-law and mother-in-law cannot claim maintenance from the wife of deceased husband (Son).

Criminal Writ Petition No. 1092 of 2022