SHOBHA Vs. KISHANRAO

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith by consent of the parties..

(2.) A short question that is involved in this petition is as to whether father-in-law and mother-in-law can claim for maintenance from their widowed daughter-in-law under Sec. 125 of the Code of Criminal Procedure? The facts in short are that the petitioner-Shobha, widow of deceased son of respondent no.1 and 2, 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 now they are old aged persons having no 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.

(3.) The petitioner appeared in the proceeding and filed an application below Exhibit-9. She also filed her say in which she has stated that the respondents have four daughters, who are married and staying with their husbands. The respondents are having 2 Acre 30 Gunth of land at Village Kunki, Tq. Jalkot Dist. Latur. They have their own house. After the death of husband, respondent no.2/mother of deceased received an amount of Rs.1,88,000.00 from MSRTC. The remaining amount is given to the minor son of the deceased. However the same is not mentioned in the application. She also stated that all the daughters have a share in the property of respondents and therefore daughters are liable to pay the maintenance to their parents/respondents. Her service is not on a compassionate ground in the place of her husband and therefore she is not legally bound to pay the maintenance under Sec. 125 of Cr.P.C. to the respondents. Thereafter she filed application below Exhibit-9 stating that the application for maintenance is not maintainable against her and prayed for rejection at this stage itself. A say was filed by the respondents stating that the application under Sec. 125 is maintainable as they come under category mentioned in Sec. 125 sub-sec. 1.