Case Note & Summary
The petitioners, Smt. Seema and Smt. Sudha, are the legitimate daughters of late P. Ravishankar, who died on 31.12.2008. The respondents, Smt. Pramila and her two minor children, claimed to be the second wife and children of the deceased and filed a petition under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Civil Judge (Jr.Dn.) and JMFC, Devanahalli, seeking maintenance from the petitioners. The respondents contended that the petitioners are the illegitimate children of P. Ravishankar born through Smt. Prameela and are in possession of the deceased's properties. The trial court registered the Criminal Miscellaneous Petition No.352/2013 and issued notice to the petitioners. Aggrieved, the petitioners filed this petition under Section 482 Cr.P.C. seeking quashing of the proceedings. The sole legal issue was whether illegitimate children are liable under Section 125 Cr.P.C. to maintain the second wife and her children of their deceased father. The petitioners argued that Section 125 Cr.P.C. does not impose any obligation on illegitimate children to maintain step-mother or step-siblings. The respondents contended that the petitioners, being in possession of properties, should maintain them. The court analyzed Section 125 Cr.P.C. and held that the provision only obligates legitimate children to maintain their parents, and does not extend to illegitimate children or create liability towards step-mother or step-siblings. The court found that the claim was not maintainable in law and allowed the petition, quashing the proceedings in Crl.Misc.No.352/2013 pending before the trial court.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 Cr.P.C. - Liability of Illegitimate Children - The court considered whether illegitimate children are obligated to maintain the second wife and her children of their deceased father. Held that Section 125 Cr.P.C. does not impose any obligation on illegitimate children to maintain their step-mother or step-siblings, as the provision only applies to legitimate children in respect of their parents. The petition to quash the maintenance proceedings was allowed. (Paras 1-4) B) Criminal Procedure Code - Inherent Powers - Section 482 Cr.P.C. - Quashing of Proceedings - The court exercised its inherent powers under Section 482 Cr.P.C. to quash a Criminal Miscellaneous Petition filed under Section 125 Cr.P.C. by the second wife and her children against the illegitimate children of the deceased husband, as the claim was not maintainable in law. (Paras 1-4)
Issue of Consideration
Whether the illegitimate children of a deceased person are liable under Section 125 of the Code of Criminal Procedure, 1973 to maintain the second wife and her children (step-mother and step-siblings)?
Final Decision
The petition is allowed. The proceedings in Crl.Misc.No.352/2013 on the file of the Civil Judge (Jr.Dn.) & JMFC, Devanahalli, Bengaluru Rural District, are quashed.
Law Points
- Section 125 Cr.P.C. imposes obligation on legitimate children to maintain parents
- but not on illegitimate children
- Section 125 Cr.P.C. does not create liability on illegitimate children to maintain step-mother or step-siblings
- Illegitimate children are not liable under Section 125 Cr.P.C. to maintain father's second wife and her children
