When daughter in law is liable to pay maintenance to mother in law under S125 of CRPC

Smt. Saroj vs. Smt. Chandrakalabai Polshetwar and The State of Maharashtra

Bombay HC


Criminal Revision Application No. 86 of 2007, 2009(111)BOMLR1831 : 2010(1)Crimes1 : 2009(4)MhLj665 : MANU/MH/0180/2009

About/from the judgment:

When daughter in law is liable to pay maintenance to mother in law under S125 of CRPC?


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.


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