‘Widow and daughter-in-law are entitled to maintenance from her father-in-law’s property’, SC’s decision

The Supreme Court on Tuesday gave an important decision saying that under Hindu law, if a woman becomes a widow after the death of her father-in-law, she is entitled to claim maintenance from his father-in-law’s property. A bench of Justices Pankaj Mithal and SVN Bhatti ruled that the time of the husband’s death (whether before or after the father-in-law’s death) is ‘irrelevant’ for granting ‘dependent’ status to the woman under the Hindu Adoption and Maintenance Act (HAMA) 1956.

Claim for maintenance under section 22 of the Act

Judge Mithal, who delivered the verdict, stated the findings in simple words, saying, ‘All the heirs of the deceased Hindu are bound to maintain his dependents from the money/property received from his estate.’ The court said, ‘We are of the clear view that a ‘widow of a son’ of a deceased Hindu person is a dependent within the meaning of section 21 (vii) of the Act and is entitled to claim maintenance under section 22 of the Act.’

obliged to maintain dependent persons

It states that the son or legal heir is bound to maintain all dependent persons out of the inherited property; That is, all those persons whom the deceased person was legally and morally bound to support.

It is the duty of the father-in-law to maintain him.

The bench said, ‘Therefore, after the death of the son, if the widowed daughter-in-law is unable to maintain herself or through the property left by the deceased son, then it is the duty of the father-in-law to maintain her. It says, ‘There is no provision in this Act to eliminate the above obligation of the father-in-law to maintain his widowed daughter-in-law, whether she becomes widow before or after the death of the father-in-law.’

this is the matter

The case arises out of a family dispute related to the property of late Mahendra Prasad. Prasad died in December 2021. One of his sons, Ranjit Sharma, died in March 2023. After Ranjit’s death, his widow, Geeta Sharma, filed an application in the Family Court for maintenance from her father-in-law’s property.

The Family Court initially rejected her petition holding that she was not a widow on the date of her father-in-law’s death and therefore did not qualify as a dependent. However, the High Court overturned this decision, after which other family members appealed to the Supreme Court.

Latest India News