The Division Bench of Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar, while setting aside a Family Court’s dismissal of her petition, clarified:
“A duty that was moral has now been changed into a legal obligation by conferring upon the widowed daughter-in-law a statutory right to claim maintenance from her father-in-law’s estate under Section 19(1) of Hindu Adoption and Maintenance Act, 1956 (HAMA).”
The appellant, Geeta Sharma, lost her husband on March 2, 2023, and had already lost her father-in-law, Dr. Mahendra Prasad, on December 27, 2021. She filed a petition under Sections 19, 21, 22, and 23 of HAMA before the Family Court seeking maintenance from the estate of her deceased father-in-law, citing her dependency and lack of resources.
However, the Family Court dismissed her claim, citing Section 22 of HAMA, holding that the petition was non-maintainable, as the estate was not in possession of the father-in-law at the time of the widow’s claim.
On appeal, the High Court answered in the affirmative, ruling that the statutory framework under HAMA clearly extends the right of maintenance against the estate of the deceased father-in-law, and not just against him during his lifetime.
The Bench read Sections 19(1), 19(2), 21(vii), 22, and 28 of HAMA together and declared: “The liability of the father-in-law to maintain is not personal in nature, rather is limited to the extent of any coparcenary property in his possession, which would subsequently form a part of his estate after his death.”
The Court clarified that: “Section 21(vii) of the HAMA defines the widow of a deceased son as a ‘dependant,’ entitled to claim maintenance from the father-in-law’s estate, provided she cannot maintain herself from her own earnings, or from her husband’s or children’s estate.”
- This judgment marks a significant reaffirmation of the protective reach of HAMA in securing widows’ rights
- The right of a widowed daughter-in-law to claim maintenance survives against the father-in-law’s estate, even if he is no longer alive.
- The estate received by heirs remains liable, and such claims cannot be defeated by transfers or legal technicalities.
- The moral duty under Hindu law has become a legal right, and courts must read such welfare laws in a way that furthers their legislative purpose.
Delhi HC settles this crucial question.
