Widow daughter-in-law entitled to maintenance from father-in-law if husband’s estate not available

RAIPUR: The Chhattisgarh high court has reiterated that a widowed daughter-in-law is entitled to claim maintenance from her father-in-law if she has no independent income and has not received any share of her late husband’s property.

Dismissing an appeal filed by Tularam Yadav of Korba, the division bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad upheld the family court’s order directing him to pay Rs 2,500 per month to his widowed daughter-in-law, Chanda Yadav, and her two children.The bench cited provisions under Section 19 of the Hindu Adoption and Maintenance Act, 1956, which make it clear that a widow’s right to maintenance is conditional upon her inability to support herself from her own income or from the estate of her husband, parents, or children.

In such circumstances, the responsibility may fall upon the father-in-law, particularly when he holds coparcenary property from which the widow has not derived any share.The court referred to the settled principle that the manager of a joint Hindu family is legally bound to maintain not only male members but also their widows and children after their death. Quoting earlier rulings, the bench observed: “On the death of one of the male members, the manager is bound to maintain his widow and his children.”

In the present case, Chanda Yadav, who was widowed in 2014, sought maintenance after alleging mistreatment by her in-laws. The family court found that her father-in-law was receiving a monthly pension of Rs 12,000 and owned land, while Chanda had no sustainable source of income. It directed him to pay Rs 2,500 per month until her remarriage.The HC affirmed the family court’s reasoning, noting that the amount awarded was modest given the socio-economic status of the parties and rising inflation. It concluded that the appeal lacked merit and dismissed it.