125 crpc main-tenability to wife's in laws
surendrababu
(Querist) 03 October 2011
This query is : Resolved
Husband died leaving behind his wife and two female children and also his old age parents. Wife Employed. No source of income to the parents of her husband. Whether the parents of her deceased husband are entitled for maintenance u/s 125 Cr.P.C.
Is there any landmark citations. Kindly guide me in this case.
Arun Kumar Bhagat
(Expert) 03 October 2011
No, the widowed wife can not be asked to maintain her in laws.
ajay sethi
(Expert) 03 October 2011
they can claim maintenance under maintanance ofparents and senior citizens act 2007
This right accures to the in-laws under Section 4 (1)(ii) of the Act. The Act says that senior citizens are entitled to be maintained by relatives. The relatives mean the persons who are entitled to succeed the property of the senior citizens as per succession law, if the senior citizens have any property. In this case, the daughter in law is entitled to succed the property if in-laws have the same. An application by the in-laws before the tribunal constituted under the Act will solve all the problems.
Raj Kumar Makkad
(Expert) 03 October 2011
Study the following landmark judgment of Supreme Court of India on such issue:
CASE NO.:
Appeal (civil) 2003 of 2008
PETITIONER:
Vimalben Ajitbhai Patel
RESPONDENT:
Vatslabeen Ashokbhai Patel and others
DATE OF JUDGMENT: 14/03/2008
BENCH:
S.B. SINHA & V.S. SIRPURKAR
JUDGMENT:
JUDGMENT
CIVIL APPEAL NO 2003 OF 2008
[Arising out of SLP (Civil) No. 1061 of 2007]
WITH
CRIMINAL APPEAL NO. 502 OF 2008
[Arising out of SLP (Crl.) No. 213 of 2007]
Ajitbhai Revandas Patel and another Appellant
Versus
State of Gujarat and another Respondents
prabhakar singh
(Expert) 03 October 2011
i agree with Mr.Sethi,the remedy is available
under the said for sure.
