A widow is not obliged to pay maintenance for to parents-in-law: Bombay HC
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Mumbai: The Aurangabad bench of the Bombay High Court said that a widowed woman need not pay maintenance to the parents of her dead husband.
"By reading of section 125 of the Code of Criminal Procedure, it is clear that the father-in-law and mother-in-law are not mentioned in the said section. This court finds that no case is made out by the respondents (parents) to claim maintenance from the petitioner," said the court.
A single bench of Justice Kishor Sant was addressing a petition filed by a 38-year-old woman, Shobha Tidke. She was challenging an order passed by a local court - Nyayadhikari Gram Nyayalaya - in Latur city directing her to pay maintenance to her parents-in-law.
Shobha's husband used to work with the MSRTC (Maharashtra State Road Transport Corporation). After his death, she started working at the state-run JJ Hospital in Mumbai. Her in-laws Kishanrao Tidke (68) and Kantabai Tidke (60) said they have no source of income after the death of their son and sought maintenance. She claimed that the in-laws have land and a house, and received Rs 1.88 lakh compensation from MSRTC.
The court also observed that there was nothing to indicate that the job secured by Shobha Tidke was on compassionate ground. "It is clear that the deceased husband was working in MSRTC, whereas now the petitioner (Shobha) is appointed in the health department of the State Government. Thus it is clear that the appointment is not on compassionate grounds."