Court Rules Section 125 CrPC Does Not Impose Maintenance Liability on Mother-in-Law for Widowed Daughter-in-Law
In a significant ruling, the Telangana High Court has quashed maintenance proceedings against Peravali (Janapatla) Surya Kumari, a mother-in-law, initiated by her widowed daughter-in-law and minor grandchildren under Section 125 of the Criminal Procedure Code, 1973. The court found that the statutory provision does not impose any liability on a mother-in-law to provide maintenance to her widowed daughter-in-law or her deceased son's children.
The case arose when the widowed daughter-in-law, Respondent No. 2, filed for maintenance, claiming that her in-laws possessed substantial properties and assets, including those of her deceased husband. She sought Rs. 1,00,000 per month in maintenance, citing her lack of independent income and her in-laws' financial capability.
The petitioner's counsel argued that Section 125 CrPC clearly delineates the categories of individuals entitled to claim maintenance, specifying only a wife, minor children, and parents as eligible claimants against certain family members. Notably, the provision does not extend this obligation to a mother-in-law for her daughter-in-law or grandchildren. The court concurred, emphasizing that while Section 125 CrPC serves as a social justice measure, it cannot be stretched to create liabilities not contemplated by the statute.
Justice N. Tukaramji, presiding over the matter, noted that although the mother-in-law possessed substantial assets, the absence of a statutory relationship under Section 125 CrPC precluded her from being liable for maintenance. The court highlighted that the Hindu Adoptions and Maintenance Act, 1956 provides a specific remedy for widowed daughters-in-law against their father-in-law under Section 19, but does not extend this liability to the mother-in-law.
The judgment underscored that parallel proceedings under the Protection of Women from Domestic Violence Act do not alter the statutory framework of Section 125 CrPC. It also referenced the Supreme Court's directives in Rajnesh v. Neha, emphasizing that harmonizing maintenance across statutes does not expand the classes of liable persons.
In conclusion, the court held that continuation of the maintenance proceedings against the mother-in-law would constitute an abuse of process, given the lack of statutory liability. The ruling quashes the proceedings in M.C. No. 92 of 2022 before the Family Judge, Medchal Malkajgiri District, insofar as they pertain to the mother-in-law, bringing relief to the petitioner.
This judgment reaffirms the statutory boundaries of Section 125 CrPC, clarifying that the provision's beneficial purpose cannot be invoked to impose maintenance obligations beyond those explicitly stated.
Bottom Line :
Section 125 CrPC does not create any statutory liability upon a mother-in-law to maintain her widowed daughter-in-law or the children of her deceased son; therefore, maintenance proceedings under Section 125 CrPC against mother-in-law are not maintainable and are liable to be quashed.
Statutory provision(s): Section 125 CrPC, Section 482 CrPC, Section 19 Hindu Adoptions and Maintenance Act, 1956
Peravali (Janapatla) Surya Kumari v. State of Telangana, (Telangana) : Law Finder Doc id # 2982211
