Latest Relevant Cases, - Annadurai v. Jaya,2023
Annadurai v. Jaya, 2023
Latest Relevant Cases
Honourable Justice V Sivagnanam
Crl.R.C.No.291 of 2022 and Crl.M.P.Nos.3028 & 9397 of 2022
Sections 397 read with 401 of Code of Criminal Procedure
The petitioner is the husband.
The respondent is the mother-in-law of the petitioner.
The petitioner married the respondent's daughter Saraswathi in the year 1991.
Due to misunderstanding, they separated.
The petitioner/ husband by filing a divorce petition under Section 13 (1)(i) (b) of Hindu Marriage Act before the Sub Court, Seyyur, got a divorce decree by an order dated 20.01.2005.
Thereafter, Saraswathi filed a maintenance case in M.C.No.1 of 2014 before the Judicial Magistrate No.II, Madurantagam. After trial of the maintenance case, the learned Judge awarded a monthly maintenance of Rs.7,500/- payable by the petitioner/husband to his wife Saraswathi on 22.01.2021 and the amount was ordered to pay from the date of petition i.e. on 04.01.2014.
Thereafter, his wife Saraswathi filed a maintenance application in M.C.No.1 of 2014 and got maintenance order.
For collecting the arrears of maintenance, the wife Saraswathi filed an application in CMP.No.678 of 2021 in M.C.No.1 of 2014 before the Judicial Magistrate No.II, Maduranthagam. In the petition, she claimed the arrears of maintenance amount of Rs.6,37,500/-. Pending petition, the wife Saraswathi died on 05.06.2021.
Thereafter, her mother filed CMP.No.2529 of 2021 to implead her as a petitioner and to permit her to recover the arrears of maintenance amount of Rs.6,22,500/-. The learned Judge, after hearing both the parties, allowed the petition for impleading the mother-inlaw of the petitioner as petitioner for collecting the arrears of maintenance amount of Rs.6,22,500/- on the ground that she all along acted as a guardian to the deceased wife Saraswathi as she was mentally affected and also a legal heir to the deceased daughter. Aggrieved by this order, the petitioner/husband filed the present criminal revision case, which is under challenge.
The learned counsel for the petitioner would submit that the relationship of the parties is not disputed. The wife Saraswathi, who is the petitioner in the maintenance case, died on 05.06.2021. The maintenance is the personal right of the petitioner's wife. On her death, that right extinguished, no cause of action has survived. Since the right to claim maintenance would not have survived on her death, her mother is not competent to continue the proceedings and not entitled to claim arrears of maintenance from the husband of the deceased her daughter. Therefore, the respondent mother-in-law would not be impleaded in the place of his wife Saraswathi to collect the arrears of maintenance. Hence, the impugned order is unsustainable and it is to be set aside and the criminal revision case has to be allowed.
Whether Section 15(1)(c) of the Hindu Succession Act| Mother Is Entitled to Inherit Property of Her Deceased Daughter
In view of Section 15(1)(c) of the Hindu Succession Act, the mother is entitled to the property of her daughter.
In this case, the arrears of maintenance accrued till the death of her daughter Saraswathi (wife of the petitioner).
Therefore, the learned Judge rightly impleaded the mother of the deceased daughter (wife of the petitioner) in the petition for arrears of maintenance. There is no infirmity in the order passed by the learned Judge and no reason to interfere with the impugned order and no merit in the criminal revision case. Accordingly, the criminal revision case is dismissed. Consequently, connected miscellaneous petitions are closed.
Section 15(1)(c) of the Hindu Succession Act| Mother Is Entitled to Inherit Property of Her Deceased Daughter.