Widowed woman entitled to maintenance from deceased father-in-law's property: Delhi HC

New Delhi, Aug 20 (PTI) The Delhi High Court on Wednesday held after the father-in-law of a widow dies, she is entitled to claim maintenance from his estate derived from coparcenary or ancestral property of the matrimonial family.

A bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar said even if the father-in-law owns significant separate or self-acquired assets, the duty to maintain daughter-in-law arises only from the coparcenary property (ancestral property) which would subsequently form a part of his estate after his death.

The judgment came on the question whether such a daughter-in-law was entitled to claim maintenance from the estate derived from coparcenary property of her deceased father-in-law.

The court said Section 19(1) of the Hindu Adoption and Maintenance Act (HAMA) confers upon a widowed daughter-in-law a statutory right to claim maintenance from her father-in-law, thereby recognising his legal obligation in form of a liability to provide for her sustenance in event of the demise of her husband.

However, upon reading of Section 19(2) of the HAMA, it is noted that such statutory right of the widowed daughter-in-law creating a legal obligation upon the father-in-law, poses a significant restriction to his liability, the court said.

It added that the provision limits the liability of the father-in-law only to the extent of his coparcenary property.

"While making it abundantly clear that if the father-in-law does not possess any coparcenary property and maintenance is sought from his self-acquired property or any other assets that do not qualify as a coparcenary property, the widowed daughter-in-law will have no enforceable right," the bench said.

The court referred to Section 21(vii) of the Act saying the provision provides that a widow is entitled to seek maintenance from the estate of her father-in-law.

The bench said that Clause 7(i) of the provisions defines the scope of the term 'dependants' for the purpose of maintenance and that it provides that 'dependants mean the widow of the son of the deceased, provided and to the extent that she is unable to obtain maintenance from her husband's estate, or from her son or daughter or their estate, also from her father-in-law's estate'.

The high court was dealing with an appeal challenging a trial court's order by which the daughter-in-law's plea for maintenance was found to be non-maintainable.

The woman became a widow after the death of her husband in March 2023, whereas her father-in-law had pre-deceased his son, having passed away in December 2021.

The high court said the HAMA is quintessentially a social welfare legislation, enacted with an intention to infuse traditional norms of a Hindu society with principles of equity, fairness and family protection.

The bench said while interpreting the provisions of legislation like the HAMA, the court is expected to take a pragmatic and a holistic approach, the one that aligns seamlessly with the objects, reasoning, principles and the intentions as provided for by the ancient law givers. PTI SKV SKV AMK AMK