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HomeLawWhen can widowed daughter-in-law claim maintenance from father-in-law: Patna High Court answers

When can widowed daughter-in-law claim maintenance from father-in-law: Patna High Court answers

The bench was seized of a civil revision application filed by a father-in-law challenging the order of a Family Court in Khagaria district on January 9, 2018 by which he was asked to pay an amount of ₹10,000 per month as a maintenance to his widowed daughter-in-law.

While the applicant claimed to have no means to make the payment, the daughter-in-law alleged that the monthly income of her in-laws was over ₹2 lakh per month.

The bench noted that the Family Court’s order was passed under Section 125 of the Code of Criminal Procedure (CrPC). It said that when an application was filed under Section 19 of the Hindu Adoption and Maintenance Act, the Family Court could not have passed an order under Section 125 of CrPC.

Therefore, the bench quashed the order of the Family Court.

Source: Barandbench

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