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Minor Children Of Widowed Daughter-In-Law Entitled To Maintenance U/S 19 Hindu Adoptions And Maintenance Act: Punjab & Haryana High Court
Basit Amin Makhdoomi
6 Jan 2023 1:32 PM GMT
Punjab and Haryana High Court has held that the word "Widow" under the Section 19 of the Hindu Adoptions and Maintenance Act, 1956 includes minor grand children staying with her, for the purpose of maintenance from father-in-law.It thus refused interference in a revision petition against a Family Court order which granted maintenance pendente lite of Rs 2000/- to the each of the...
Punjab and Haryana High Court has held that the word "Widow" under the Section 19 of the Hindu Adoptions and Maintenance Act, 1956 includes minor grand children staying with her, for the purpose of maintenance from father-in-law.
It thus refused interference in a revision petition against a Family Court order which granted maintenance pendente lite of Rs 2000/- to the each of the three grandchildren of the Petitioner (father-in-law). The challenge was premised on the ground that Section 19 of the Hindu Adoptions and Maintenance Act, 1956 entitles the widow daughter-in-law to file an application for maintenance, however, no provision exists to pay the maintenance to the grand children.
While dealing with the petition the bench of Justice Anil Kshetarpal found it worthwhile to appreciate the mandate of the Hindu Adoptions and Maintenance Act, 1956 and observed,
"The 1956 Act is a beneficial legislation enacted in order to take care of the destitute daughter-in-law who, on account of unfortunate circumstances, becomes a widow. The word “widow” would include the minor grand children who are staying with their mother".
Accordingly it dismissed the plea.
Case Title: Hari Ram Hans Vs Smt Deepali & Ors.
Citation: 2023 LiveLaw (PH) 6
Coram: Justice Anil Kshetarpal.
Counsel For Petitioner: Mr. Abhimanyu Singh, Advocate.
