Recently, a single bench of Justice Kishor Sant passed its order on a petition filed by a 38-year-old woman, Shobha Tidke, challenging an order passed by the Nyayadhikari Gram Nyayalaya (local court)  in Maharashtra directing her to pay maintenance to the parents of her dead husband.

In its order, the Bobay High Court held that widowed woman need not to pay maintenance to her in laws. 

"By reading of section 125 of the Code of Criminal Procedure, it is clear that the father-in-law and mother-in-law are not mentioned in the said section," the high court said in its order.

Case Brief

In the said matter, the Petitioner's husband worked with the MSRTC (Maharashtra State Road Transport Corporation), had died.

After his death she started working at the state-run JJ Hospital in Mumbai. Kishanrao Tidke (68) and Kantabai Tidke (60), the in-laws of Shobha Tidke, claimed they have no source of income after the death of their son and therefore sought maintenance.

The woman claimed that her husband's parents own land and a house in their village and had also received ₹ 1.88 lakh from MSRTC as compensation.

"It is clear that the deceased husband was working in MSRTC, whereas now the petitioner (Shobha) is appointed in the health department of the State Government. Thus it is clear that the appointment is not on compassionate grounds," the court said.

It added that the parents of the dead man had received compensation amount after the death of their son and they own land and their own house.

"...this court finds that no case is made out by the respondents (parents) to claim maintenance from the petitioner," court said.