HAMA | Widowed Daughter-In-Law Can Seek Maintenance From From Father-In-Law & Brother-In-Law: Jharkhand High Court

The Jharkhand High Court has ruled that a widowed daughter-in-law and her minor children are entitled to claim maintenance from her father-in-law and brother-in-law under Sections 19 and 22 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA), provided they are unable to maintain themselves and the in-laws are in possession of coparcenary property.The Division Bench comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar thus dismissed the Appeal preferred by the father-in-law and brother-in-law against a family court directing them to pay a monthly maintenance of ₹3000 to the widow, and ₹1000 each to her two minor children. It held,“Family Court has appreciated each and every document and testimonies of witnesses of both sides and has categorically observed that the agricultural land among the petitioners (respondents herein) and the respondents (appellants herein) have not been partitioned and the share of the husband of the petitioner no.1 (respondent no.1 herein) in the agricultural land is also under the possession and occupation of the respondents (appellants herein) but the petitioners are not being maintained by the respondents and therefore, by virtue of Section-19 and 22 of the Hindu Adoption and Maintenance Act 1956, the petitioners are entitled to the maintenance from the respondents.”As per the factual matrix of the case, the widow and her children were residing at her parental home after being turned out of her matrimonial home. The trial court found that she had no source of income and that the respondents were in possession of joint agricultural land which had not been partitioned. Allegedly, the respondents were not maintaining the widow and her children, despite having the means to do so.The appellants argued that the widow had received LIC proceeds, that one of them was a disabled elderly person and the other a student, and that they were willing to allow the petitioners to stay in the matrimonial house. They also challenged the applicability of Sections 19 and 22 of the Act, asserting that the Family Court had misconstrued the provisions.The High Court rejected these contentions while holding that the widow had pleaded and proved her inability to maintain herself and that other statutory conditions were satisfied. The Court noted, “we find that though the widowed/ petitioner (respondent no.1 herein) has pleaded and proved that she is unable to maintain herself out of her own earning or other property, there is specific statement to fulfill statutory conditions enumerated in clause (a) & (b) are proviso to sub-section (1) of Section 19 of the Act of 1956. There is also statement of witnesses which corroborates that she is unable to obtain maintenance from her father or mother since her father is not earning.”Accordingly, the appeal was dismissed.Case Title: Surendra Das & Anr. v. Anita Das & Ors.Case No.: First Appeal No. 307 of 2023 Click To Read Full Judgment

HAMA | Widowed Daughter-In-Law Can Seek Maintenance From From Father-In-Law & Brother-In-Law: Jharkhand High Court

Bhavya Singh

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