10/10/2017
*Daughter in law has to pay maintenance to Mother in law*If the husband dies, and if she gets the job on the basis of his wife and grace, she will save her to Mamiyar when her daughter-in-law gets her consent and no one else has a mother, daughter-in-law, according to Section 125, Cr.PC, The High Court has ordered
When daughter in law is liable to pay maintenance to mother in law under S125 of CRPC?
Equivalent Citation: 2009(111)BOMLR1831, 2010(1)Crimes1, 2009(4)MhLj665,MANU/MH/0180/2009
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Criminal Revision Application No. 86 of 2007
Decided On: 06.03.2009
Smt. Saroj W/o Govind Mukkawar
Vs.
Smt. Chandrakalabai Polshetwar and The State of Maharashtra
Hon'ble Judges/Coram:
S.S. Shinde, J.
Criminal - Maintenance - Claim of - Entitlement of Mother-in-law - Section 20 of Hindu Adoptions and Maintenance Act, 1956 - Sections 125 and 125(1) of Code of Criminal Procedure, 1973 - Section 125 of Code of Civil Procedure, 1908 - Respondent No. 1 mother-in-law of present applicant - Applicant got job on compassionate grounds on death of her husband - Also received gratuity etc. - Neglected to maintain Respondent No. 1 - Application claiming maintenance filed by Respondent No. 1 - Application dismissed by learned J.M.F.C. on the ground that mother-in-law not entitled to claim maintenance from daughter-in-law under Section 125 Cr.PC - Revision filed by Respondent No. 1 allowed and applicant directed to pay Rs. 1,000/- per month as maintenance to Respondent No. 1 - Hence, present Revision application - Held, at the time of obtaining appointment on compassionate grounds present applicant gave undertaking to support Respondent No. 1 - Deceased only son of Respondent No. 1 - Respondent No. 1 aged person and has no source of income - Respondent No. 1 entitled to claim maintenance from present Applicant - Revision application dismissed
Mother-in-law, who is aged and has no source of income, is entitled to claim maintenance from her daughter-in-law