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Home › Maintenance Liability
Telangana High Court · 3 September 2026

No Section 125 CrPC Liability on a Mother-in-Law for a Widowed Daughter-in-Law

Justice N. Tukaramji holds that statutory maintenance liability cannot be transferred to a family member whom the statute does not name, whatever her financial capacity.

Section 125 CrPC names who must maintain whom — and courts cannot stretch the list. In Peravali (Janapatla) Surya Kumari v. State of Telangana (Criminal Petition No. 7097 of 2024, decided 3 September 2026, reported late September), the Telangana High Court quashed maintenance proceedings brought by a widowed daughter-in-law against her mother-in-law, holding that the provision “does not create any statutory liability upon a mother-in-law to maintain her widowed daughter-in-law or the children of her deceased son.”

The claim and how it changed shape

The claimant’s husband died in February 2022. She alleged that her parents-in-law then expelled her and her two minor daughters from the matrimonial home, withheld bank deposits, insurance proceeds and jewellery, and left her without support. She filed maintenance proceedings under Section 125 CrPC against both parents-in-law. When the father-in-law died during the pendency of the case, the proceedings continued against the mother-in-law alone — who moved the High Court to quash them as unmaintainable.

What the High Court held

The list is closed. Section 125(1) specifies the classes of persons entitled to claim and the person liable to pay. A mother-in-law does not figure in the provision, and no process of interpretation can insert her.
Liability does not pass by relationship. “Liability under Section 125 Cr.P.C. is statutory and cannot be transferred to another family member merely because of the relationship between them.” The father-in-law’s death could not convert the mother-in-law into a respondent.
Means are irrelevant without duty. Financial capacity alone cannot impose an obligation absent statutory language.

The petition was allowed and the Section 125 proceedings against the mother-in-law quashed — with the Court noting that the widow’s other remedies in law remain open.

The remedies that do exist

The decision is about choosing the right defendant and the right statute, not about leaving widows remediless. The landscape looks like this:

RouteAgainst whomKey condition
Section 19, Hindu Adoptions and Maintenance Act, 1956Father-in-lawShe cannot maintain herself from her own earnings or property, or from the estate of her husband, parents or children; and he has means from coparcenary property in his hands from which she has not obtained a share
Succession (Hindu Succession Act, 1956)The deceased husband’s estateAs a Class I heir, the widow takes her share of the husband’s property — including deposits and insurance proceeds wrongly withheld
Protection of Women from Domestic Violence Act, 2005Adult respondents in a domestic relationshipRequires the ingredients of domestic violence and a domestic relationship; monetary relief and residence orders can follow
Section 144, BNSS 2023 (for the children)Depends on the claimMinor grandchildren’s claims likewise cannot be fastened on a grandmother under this provision, per this decision

Practical lessons

Frame the claim by statute, not by grievance. A genuine grievance against in-laws does not mean every forum is open. Picking the wrong provision costs years — this claim was filed in 2022 and ended in quashing in 2026.
Asset-based claims need asset-based remedies. Withheld insurance money, deposits and jewellery are recovered through succession and civil proceedings, where the relief actually matches the wrong.
For respondents, a petition that names parties outside the statutory list is vulnerable to quashing at the threshold, without a trial of the allegations.

Section 125 CrPC corresponds to Section 144 of the BNSS, 2023, which carries the same closed list of relationships. The reasoning of this decision applies with equal force to petitions filed under the new code.

Frequently Asked Questions

Who can be made to pay maintenance under Section 125 CrPC / Section 144 BNSS?

The provision runs against a person with sufficient means who neglects or refuses to maintain his wife, his minor children, his adult children unable to maintain themselves due to abnormality or injury, or his father or mother. It does not list parents-in-law, and liability cannot be imposed on relationships the statute omits.

Does a widowed daughter-in-law have any maintenance remedy at all?

Yes. Section 19 of the Hindu Adoptions and Maintenance Act, 1956 gives a widowed daughter-in-law a limited claim against her father-in-law, to the extent he has means from coparcenary property in his hands out of which she has not obtained a share. Rights in the deceased husband's estate, succession claims, and — where its ingredients are met — the Domestic Violence Act may also be available.

Can financial capacity create a maintenance obligation?

No. The Court emphasised that liability under Section 125 is statutory; the fact that a relative is affluent does not generate an obligation the provision does not impose. Capacity becomes relevant only once a statutory duty exists.

What happens to such proceedings if the father-in-law dies during the case?

A claim properly framed against a father-in-law under Section 19 HAMA is a civil claim with its own rules; but Section 125 proceedings cannot simply continue against the mother-in-law in his place, because she was never within the provision — which is what occurred, and failed, in this case.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 1 October 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.