The Bombay High Court rules that the widow is not liable to maintain her in laws under section 15 CrPC.

The Petitioner wife approached the High Court against the order of the trial court which ordered that the widow was liable to maintain her father and mother in law after the passing away of their son. The High Court on appreciation of facts and law rejected the order of the trial court and allowed the Writ Petition by the widow, wife of the deceased husband.
 
The Court observed that:

“It is held that it is not the scheme of the legislature and the legislature has not included parents-in-law in Section 125. The list given of the relations is exhaustive and there is no scope for any other interpretation.”

The Court further held that:

“Thus considering this legal position and the facts of the case it is clear that the respondents are not entitled to receive maintenance from the petitioner on the counts firstly that they are not coming under the the relation mentioned in Section 125. Secondly the appointment of the petitioner was not on a compassionate ground in place of her husband. Thirdly on the count that the respondent no.2 has also received an amount of Rs. 1,88,000/- after the death of the deceased son.”

Shobha w/o Sanjay Tidke v. Kishanrao S/o. Ramrao Tidke and Anr.