A widow is not liable to provide maintenance to her in-laws under Section 125 of the CrPC (Code of Criminal Procedure).
While setting aside a trial court order in the Shobha versus Kishnarao and Kantabai case, the HC also said that even those entitled to receive maintenance under the section have to fulfil the condition that they were not able to maintain themselves.
Section 125 of the CrPC, 1973, talks about maintenance of wives, children and parents.
Case file
Shobha, the widow of an MSRTC conductor, started working in the health department in Mumbai after the demise of her husband. Her in-laws made a maintenance claim stating that they were old with no source of income.
Sobha argued that the respondents have 2 acre 30 guntha of land at Kunki in Latur along with their own house. After the death of her husband, the mother-in-law also received Rs 1,88,000 from the MSRTC.
She also stated her in-laws have four married daughters, who have a share in the property of respondents and therefore daughters are liable to pay the maintenance to their parents. She also argued that her job was not on a compassionate ground in the place of her husband and therefore she was not legally bound to pay the maintenance under Section 125 of CrPC.
“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 relation mentioned in Section 125. Secondly, the appointment of the petitioner was not on compassionate grounds 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 the deceased son. The fact that the couple have land and have their own house is also not disputed. This court finds that no case is made out by the respondents to claim maintenance from the petitioner,” the HC said.
