BENGALURU: A daughter-in-law cannot seek maintenance from parents-in-law under Section 125 of Criminal Procedure Code, the Dharwad bench of the Karnataka high court has ruled, allowing a revision petition filed by an aged couple from Hubballi.
The elderly couple had challenged an order passed by a magistrate court at Ballari on November 30, 2021, which had directed them to pay Rs 20,000 a month as maintenance to their daughter-in-law and Rs 5,000 a month to her four minor children.
Wife, parents can claim maintenance under Sec 125 Provisions of law (Section 125 of CrPC) envisage that a wife can lay a claim for maintenance. Likewise, parents can maintain a petition against their major children. So also, minor children can lay a claim," the court said. They had argued that the magistrate lacked jurisdiction to entertain a petition filed under Section 125 of CrPC. The daughter-in-law argued that the parents-in-law - the petitioners - had failed to take care of them after the death of her husband.
After studying the case files, including provisions of Section 125 of CrPC, Justice Justice V Srishananda of the high court observed that a daughter-in-law cannot lay claim against her parents-in-law under the said law, and quashed the Ballari court order.