SMT. SHAKUNTALABAI Vs. SANDHYA W/O RAMESHWAR CHAUDHARY

JUDGEMENT

(1.) In this revision under Sec. 397 of the Code of Criminal Procedure the only point which arises for determination is as to whether a mother in law can claim maintenance under Sec. 125 of the Code of Criminal Procedure.

(2.) The facts as are necessary for the decision of the revision are to the effect that the husband of the applicant who is the father in law of the respondents was serving in Maharashtra State Road Transport Corporation. While being on duty he died on 23.10.2000. One of his sons Rameshwar who was the husband of respondent no.1 was appointed on compassionate ground in place of his father. Unfortunately, even Rameshwar died on 22.08.2009. Respondent no.1 being the widow got appointment in his place on compassionate ground. The elder son of the applicant who was the husband of respondent no.2 also died on 14.03.2009. It was then alleged that the husband of the applicant had purchased couple of house properties one of which was standing in the name of Rameshwar, there is one more house standing in his name. The other house property is in possession of respondent no.2. Both the respondents have been earning by letting some portion of the house properties. They are also earning from agriculture. However, they are not providing anything for maintenance of the applicant who is old aged. There are no means for her to maintain herself. She made a request for maintenance at the rate of Rs. 10,000/per month from the respondents jointly and severally.

(3.) The respondent no.1 opposed the application, inter alia on the ground that being mother in law the applicant was not entitled to claim maintenance under Sec. 125 of the Code of Criminal Procedure. She however, expressed her willingness to maintain the applicant. She barely got sufficient income from the salary and had to maintain a son and was not having sufficient means to provide maintenance to the applicant separately. Respondent no.2 denied the allegations but submitted that she was ready and willing to pay the maintenance as ordered by the Court.