Bail Applicant Under Mandatory Obligation To Disclose Criminal Antecedents, Non-Disclosure Results In Erroneous Decisions: Andhra Pradesh High Court Judicial Decrees Cannot Be Set Aside By Administrative Orders After Decades; Long-Standing Revenue Entries Must Be Protected: Allahabad High Court 'Any Use Whatsoever' Includes Promotion & Events: Bombay High Court Restrains New Indian Express Group From Hosting Commercial Events Outside Southern States Reserved Category Candidates Who Qualify On Their Own Seniority Must Be Adjusted Against Unreserved Vacancies: Calcutta High Court Decree For Possession Can Be Passed If Landlord-Tenant Relationship & Termination Are Admitted; Unregistered Lease Is Month-To-Month: Delhi High Court Prosecution Against Co-Accused Not Sustainable When Main Accused Is Discharged On Same Facts: Jharkhand High Court Admission Of Handwriting On Account Statement Is Not Admission Of Its Contents; Corroborative Evidence Necessary To Prove Claim: Gujarat High Court Omission Of Label Defects In Food Inspector's Spot Memo Fatal To Prosecution For Misbranding: Himachal Pradesh High Court RBI Must Consult State Government, Not Just Registrar, To Supersede Co-operative Bank Board; Principles Of Natural Justice Excluded Under Section 36AAA: Kerala High Court Suit Filed Before IBC Proceedings Cannot Be Dismissed Under Order VII Rule 11 CPC; Section 96 Moratorium Only Stays Pending Actions: Calcutta High Court Senior Citizens Not Technologically Savvy Cannot Be Penalized For Not Checking Case Status On Court Website: Tripura High Court Telangana High Court Quashes Case Against CM Revanth Reddy Over 2019 Election Roadshow, Cites Bar Under Section 195 CrPC Maintenance Tribunal Orders Passed Without Mandated Three-Member Coram Are A Nullity: Punjab & Haryana High Court School Register Entry Regarding Date Of Birth Lacks Probative Value Unless Source Of Information Is Proved: Madhya Pradesh High Court Sets Aside POCSO Conviction Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Will | Disinheriting Caring Spouse In Favour Of Non-Relatives Is An ‘Unnatural Disposition’ Raising Grave Suspicion: Supreme Court Registration Does Not Automatically Validate Will If Process Is Shrouded In Suspicion; Testator's Illiteracy Increases Burden On Propounder: Supreme Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court

Daughter-in-Law’s Maintenance Claim Against Parents-in-Law Not Maintainable Under Section 125 Cr.P.C.: Karnataka HC

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Karnataka High Court, Dharwad Bench, has held that a daughter-in-law cannot claim maintenance from her parents-in-law under Section 125 of the Code of Criminal Procedure (Cr.P.C.). The decision, delivered by Justice V. Srishananda on February 21, 2024, arises from a revision petition challenging the jurisdiction and validity of a maintenance order by the Family Court.

The Court scrutinized the scope of Section 125 Cr.P.C., emphasizing that it does not extend to enabling a daughter-in-law to seek maintenance from her parents-in-law. This legal interpretation became central to the decision.

Respondents Tasleem Jamela Agadi and her children, after the death of her husband Khaja Mainudden Agadi, sought maintenance from the petitioners, her parents-in-law. The Family Court ordered the petitioners to pay Rs. 20,000 monthly to Tasleem and Rs. 5,000 each to the minors.

The petitioners contested the Family Court’s decision, questioning the jurisdiction of the Magistrate under Section 125 Cr.P.C. to entertain such a petition. Conversely, the respondents argued for the maintenance, citing the petitioners’ failure to look after their welfare.

The High Court meticulously analyzed Section 125 of Cr.P.C., highlighting that the provision caters to maintenance claims by wives, children, and parents, but not by a daughter-in-law against her parents-in-law. Justice Srishananda noted, “In the absence of any power vested in the Court under Section 125 of Cr.P.C., to entertain a petition filed by the daughter-in-law against her parents-in-law, the entire order is devoid of jurisdiction.”

The Court allowed the revision petition, setting aside the order of the Family Court and dismissing the maintenance petition under Section 125 Cr.P.C. against the parents-in-law. However, the Court clarified that this does not bar the respondents from seeking appropriate legal relief against the petitioners.

Date of Decision: 21st February 2024

Abdul Khader and Another v. Tasleem Jamela Agadi and Others

Latest Legal News