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Married daughter also has obligation to maintain her parents, Bombay
High Court (?show=171)

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In Vasant vs. Govindrao Upasrao Naik,

Criminal

Revision

Application

No.

172/2014, an interesting question of law

arose

before

Bombay

High

Court,

Whether, married daughter and younger

son were necessary parties to application u/s. 125 of Cr.P.C. filed by their
mother and father or Whether the parents could seek remedy against any
one or more of the children?
Section 125(1)(d) of Cr.P.C. provide remedy for father or mother unable to
maintain himself or herself to claim maintenance. In present case, parents
filed an application seeking maintenance under said provision of law
against their eldest son to the tune of Rs. 20,000/- per month.
It was contended that the married daughter is not liable to maintain her
parents since after marriage she has gone to live in her matrimonial house
in the other family i.e.of herhusband. Married daughter has an obligation
towards her matrimonial house, husband, father-in-law and her children
and therefore she cannot be held liable to maintain her parents. Further
contended that, it is the choice of the parents to seek remedy against one
of the children and, in the instant case, the parents had filed the
application only against their eldest son.
High Court rejecting the aforementioned contention held that, in the
instant case, married daughter proved to have been working as a Software
Engineer in USA and having sufficient means, is under an obligation to
maintain her parents.
Court observed that, true that the report of Joint Committee on the
Criminal Procedure Code Bill, 1973 stated that if there are two or more
children, the parents may seek against any one or more of them. It is on the
basis of the said recommendation of the Joint Committee, submission is
being advanced that option is left with the parents to choose the son or
daughter against whom claim u/s. 125 Cr.P.C. could be made. But there is
no such option available to the parents.
Court gave sound reasoning stating that, though the Joint Committee
recommended that if there are two more children the parents may seek
the remedy against any one or more of them, the same appear to have not

been accepted by the Parliament in its infinite wisdom, and that is why the
same is not inserted in the provision of Section 125 Cr.P.C. It thus remained
only a recommendation and did not crystallize into law. Insofar as the
present case is concerned, what is seen is that the eldest son has prima
facie shown that the married daughter and the younger son have been
earning lordly sums by way of income and because of the dispute with the
eldest son and his wife, the parents have sought maintenance from him
only, without joining the married daughter and younger son to the
proceeding. Court opined that allowing an option for the parents to choose
any of them would be unjust and onerous only on one child particularly
when others are also earning that too handsomely.
Court further opined that, married daughter and younger son are having
sufficient means to maintain their parents and they should have been
asked to participate in the proceedings in question to place their side
before the Family Court, with pleadings and evidences from all angles. But
to say that they were not necessary parties because of the available option
to the parents would be doing severe injustice to only one son. They were
the necessary parties to the application along with the eldest son and all of
them are free to plead and prove before the Family Court as to the merits
of the application and claim against them for maintenance, about they
having or not having sufficient means or neglect or refusal. Court
therefore; hold that the married daughter and the younger son are the
necessary parties to the application.
High Court ordered fresh trial in the matter stating that parents should be
asked to join married daughter and younger son as party to the
proceedings under Section 125 Cr.P.C. along with the eldest son; which
would sub-serve the interest of justice.
Legal News | By Ghazala Abidin | 2016-03-01 n 91699

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