The Single Judge Bench of the Patna High Court, comprising Justice Sunil Dutta Mishra in the case of Kalyan Sah v. Mosmat Rashmi Priya has observed that father-in-law shall be under no obligation to maintain his daughter-in-law except in cases where there is some ancestral property in his possession from which the daughter-in-law has not obtained any share.
Facts of the Case
The Petitioner has filed Civil writ petition against the order passed by learned Principal Judge, Family Court filed under Section 19 of the Hindu Adoption and Maintenance Act, 1956 wherein and whereby the petitioner has been directed to pay interim maintenance of Rs. 10,000/- per month to the respondent.
Submission of the Petitioner
The Counsel appearing on the behalf of the Petitioner has submitted that the respondent has got Rs. 8,57,279/- from two L.I.C. Policies and kept the same herself. The learned Court below has granted the interim maintenance under Section 125 of Cr.P.C. which is not tenable in law in view of the fact that procedure of awarding maintenance under Section 125 Cr.P.C and Section 19 of Hindu Adoption and Maintenance Act are different and the learned Court below failed to appreciate that when there is no petition pending under Section 125 Cr.P.C. then any interim maintenance cannot be granted in other proceeding i.e. pending under Section 19 of Hindu Adoption and Maintenance Act.
Submission of the Respondent
The Counsel appearing on the behalf of the Respondent has submitted that after death of Respondent husband previously filed a case as Maintenance Case No. 64 of 2015 against the against father-in-law(petitioner) under Section 19 of Hindu Adoption and Maintenance Act, 1956. The counsel further contended that that the learned Court below may have passed the interim maintenance under Section 19 of Hindu Adoption and Maintenance Act not under Section 125 Cr.P.C. He has submitted that mentioning of other Section or provision is not material when the Court has thus jurisdiction to pass the order.
Reasoning and Decision of the Court
The Court heard both the parties and expounded that “The object of Section 19 of the Act is make it clear that the widowed daughter-in-law can claim maintenance from her father-in-law only where she is unable to maintain herself out of her own property or from the estate of her husband, father, mother, son or daughter.”
The Court further affirmed that the obligation of father-in-law shall not be enforced if he has no means to maintain his daughter-in-law from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share and any such obligation cease on the re-marriage of the daughter-in-law.
The Court also highlighted the scope of Section 125 of CrPC that Section 125 of Cr.P.C. deals with an order for maintenance of wife, children and parents. The daughter-in-law cannot claim maintenance under Section 125 Cr.P.C. but she can claim the same under Section 19 of the Hindu Adoption and Maintenance Act.
Therefore, the Court allowed the Civil Revision and held that that the family Court was not justified in applying the provisions under Section 125 of Cr.P.C. for interim maintenance in the petition under Section 19 of the Hindu Adoption and Maintenance Act.
The Court also directed the learned Court below to pass fresh order on the petition of the respondent for interim maintenance in accordance with law and expedite the disposal of the Maintenance Case, if not disposed of till date.
Case Details
Case:- CIVIL MISCELLANEOUS JURISDICTION No.354 of 2018
Petitioner:- Kalyan Sah
Respondent:- Mosmat Rashmi Priya
Counsel for the Petitioner – Mr. Dr. Satyendra Kumar Srivastava
Counsel for the Respondent - Mr. Anil Kumar Choudhary
Judge: Justice Sunil Dutta Mishra
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