Kalyan Sah vs. Mosmat Rashmi Priya
Civil Miscellaneous Petition No. 354 of 2018
Judgment Dated: 19th January 2023
” The Court did, however, clarify that Section 125 of the Cr.P.C. provides for an order of maintenance for the wife, children, and parents. According to the statutory scheme, the daughter-in-law cannot seek maintenance under Section 125 of the Cr.P.C., but she can seek it under Section 19 of the HAMA “
The Single Judge Bench of Justice Sunil Dutta Mishra further rules that a Family Court cannot use Section 125 of the CrPC to grant interim maintenance while hearing an application for maintenance under Section 19 of the Hindu Adoption and Maintenance Act (the HAMA).
The Court pointed out that the purpose of Section 19 of the Act is to allow a widowed daughter-in-law to seek maintenance from her father-in-law only if she is unable to support herself from her own assets or the estate of her husband, father, mother, son, or daughter.
It is also stated that the father-in-law is not required to support his daughter-in-law unless there is some ancestral property in his possession from which the daughter-in-law has not obtained any share.
As a result, the Court concluded that the family Court was not justified in granting interim maintenance under Section 125 of the Cr.P.C. while deciding a petition under Section 19 of the HAMA.
