OMANA CHETAN Vs. S S RANGEGOWEDA

JUDGEMENT

(1.) SHORT question that arises for the consideration of this Court in this writ petition is whether a widowed daughter-in-law along with her minor daughter can file a claim petition claiming maintenance under Section 125 of Cr. P. C. claiming maintenance from her in-laws.

(2.) 1st petitioner is the widow of one S. R. Chetan and 2nd petitioner is the minor daughter of deceased Chetan who died in a road traffic accident occurred on 28. 8. 2003. 1st petitioner married Chetan on 21. 2. 2000 at chickmagalur. Out of their marriage, 2nd petitioner was born. After the death of her husband, 1st petitioner along with her minor daughter who is the 2nd petitioner has filed maintenance under Section 125 of Cr. P. C. , before the Family Court at Bangalore against the respondents who are parents of deceased Chetan.

(3.) FAMILY Court raised an objection in regard to the maintainability of the petition filed by the petitioners under Section 125 of Cr. P. C. Family court considering the provisions of Section 125 of Cr. P. C. , came to the conclusion that petition as not maintainable in view of specific provisions under Section 19 of the Hindu Adoption and Maintenance Act, Being aggrieved by the dismissal of the petition as not maintainable, present writ petition is filed.