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Widowed daughter-in-law not liable to maintain parents-in-law under Section 125 CrPC: Bombay High Court

Single-judge Justice Kishore Sant quashed the orders of a Nyayadhikari Gram Nyayalaya, which had ordered one Shobha Tidke to maintain her old parents-in-law under Section 125.

The High Court noted that the provisions of Section 125 only allow legitimate, illegitimate children, major or physically disabled children and old parents (father and mother) to claim maintenance and it does not mention parents-in-law as “relatives” eligible for maintenance by a widowed woman.

“Reading of the Section 125, it is clear that the father-in-law and mother-in-law are not mentioned in the said Section. Even for the Clause (a) to (d), those are qualified by further wording as unable to maintain himself or herself,” the Court observed in its order passed on April 12.

The Court noted that a similar question had come up before the High Court in a separate case, wherein the Court clearly held that the parents-in-law will not be entitled to claim maintenance from their widowed daughter-in-law. 

“It is held that it is not the scheme of legislature and the legislature has not included parents-in-law in Section 125. The list given of the relations is exhaustive and there is no scope for any other interpretation,” the bench held. 

Source: Barandbench

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