High Court of Karnataka Allows Revision Petition by Parents-in-Law in Maintenance Case Under Section 125 CrPC — Parents-in-Law Not Liable to Pay Maintenance to Widowed Daughter-in-Law and Grandchildren. Section 125 CrPC imposes liability only on husband/father, not on parents-in-law; order of Family Court directing parents-in-law to pay maintenance set aside.

High Court: Karnataka High Court Bench: DHARWAD In Favour of Accused

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2026-05-18 14:00:16

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Case Note & Summary

The revision petition was filed by the parents-in-law (petitioners) challenging the order dated 30.11.2021 passed by the Principal Judge, Family Court, Ballari in Crl.Misc.No.155/2021, whereby the Family Court directed the petitioners to pay maintenance of Rs.3,000/- per month to respondent No.1 (widowed daughter-in-law) and Rs.2,000/- per month each to respondents No.2 to 5 (minor grandchildren) from the date of petition. The respondents are the widow and minor children of the petitioners' deceased son. The petitioners contended that they are not liable to pay maintenance under Section 125 CrPC as the liability is only on the husband/father. The court analyzed Section 125 CrPC and held that the provision imposes a duty on the husband to maintain his wife and on the father to maintain his minor children. The parents-in-law are not covered under Section 125 CrPC. The court noted that the liability of parents-in-law to maintain a widowed daughter-in-law arises only under Section 19 of the Hindu Adoption and Maintenance Act, 1956, which was not invoked. Consequently, the court set aside the order insofar as it directed the petitioners to pay maintenance. However, the court upheld the grant of maintenance from the date of application, as the Family Court had correctly exercised its discretion. The revision petition was allowed in part, and the order of the Family Court was modified to delete the direction against the petitioners.

Headnote

A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Liability of Parents-in-Law - The court considered whether parents-in-law can be directed to pay maintenance to widowed daughter-in-law and grandchildren under Section 125 CrPC. Held that Section 125 CrPC imposes liability on the husband/father, not on parents-in-law. The order of the Family Court directing parents-in-law to pay maintenance was set aside. (Paras 5-7)

B) Family Law - Maintenance - Date of Grant - Section 125 CrPC - The court held that maintenance can be granted from the date of application under Section 125 CrPC, and the Family Court's order granting maintenance from the date of application was upheld. (Para 8)

Issue of Consideration

Whether parents-in-law can be directed to pay maintenance to widowed daughter-in-law and grandchildren under Section 125 of the Code of Criminal Procedure, 1973.

Final Decision

The revision petition is allowed in part. The order dated 30.11.2021 in Crl.Misc.No.155/2021 passed by the Principal Judge, Family Court, Ballari, insofar as it directs the petitioners to pay maintenance, is set aside. The direction to pay maintenance from the date of petition is upheld.

Law Points

Maintenance under Section 125 CrPC is payable by husband/father
not parents-in-law
liability of parents-in-law arises only under Section 19 of the Hindu Adoption and Maintenance Act
1956
maintenance can be granted from date of application under Section 125 CrPC.

Case Details

2024 LawText (KAR) (02) 48

RPFC No. 100026 of 2022

2024-02-21

V.Srishananda

Smt. Kavita Jadhav for Sri. Arun L.Neelopant (for petitioners), Sri. Prashant Mathapati (for respondent No.1)

Abdul Khader and Saheera Banu

Tasleem Jamela Agadi and others

Nature of Litigation

Revision petition under Section 19(4) of the Family Courts Act, 1984 challenging the order of maintenance passed by the Family Court.

Remedy Sought

Petitioners (parents-in-law) sought to set aside the order directing them to pay maintenance to the widowed daughter-in-law and minor grandchildren.

Filing Reason

The Family Court directed the petitioners to pay maintenance under Section 125 CrPC, which the petitioners contended was not applicable to them.

Previous Decisions

The Family Court, Ballari, in Crl.Misc.No.155/2021 dated 30.11.2021, directed the petitioners to pay maintenance of Rs.3,000/- per month to respondent No.1 and Rs.2,000/- per month each to respondents No.2 to 5 from the date of petition.

Issues

Whether parents-in-law can be directed to pay maintenance to widowed daughter-in-law and grandchildren under Section 125 CrPC. Whether the Family Court correctly granted maintenance from the date of application.

Submissions/Arguments

Petitioners argued that Section 125 CrPC imposes liability only on the husband/father, not on parents-in-law. Respondents argued that the Family Court correctly ordered maintenance from the date of petition.

Ratio Decidendi

Under Section 125 CrPC, the liability to pay maintenance is on the husband to maintain his wife and on the father to maintain his minor children. Parents-in-law are not liable under this provision. The liability of parents-in-law to maintain a widowed daughter-in-law arises only under Section 19 of the Hindu Adoption and Maintenance Act, 1956, which was not invoked in this case.

Judgment Excerpts

Section 125 CrPC imposes a duty on the husband to maintain his wife and on the father to maintain his minor children. The parents-in-law are not covered under Section 125 CrPC. The liability of parents-in-law to maintain a widowed daughter-in-law arises only under Section 19 of the Hindu Adoption and Maintenance Act, 1956.

Procedural History

The respondents filed Crl.Misc.No.155/2021 before the Principal Judge, Family Court, Ballari, seeking maintenance under Section 125 CrPC. The Family Court allowed the petition and directed the petitioners (parents-in-law) to pay maintenance. Aggrieved, the petitioners filed the present revision petition under Section 19(4) of the Family Courts Act, 1984 before the High Court of Karnataka, Dharwad Bench.