In a significant judgment, the Delhi High Court has clarified the legal rights of a widowed daughter-in-law to claim maintenance from the estate of her deceased father-in-law. The ruling came in an appeal challenging a family court order that dismissed the maintenance petition on the grounds of non-maintainability.
The appellant, Geeta Sharma, became a widow in March 2023. Her father-in-law had passed away in December 2021. She filed a petition under Section 19 of the Hindu Adoption and Maintenance Act (HAMA), seeking maintenance from her father-in-law’s estate. The family court dismissed her plea, citing a bar under Section 22 of HAMA.
The High Court examined key provisions of HAMA to decide whether a widowed daughter-in-law can seek maintenance from the estate inherited from her father-in-law, even after his death.
Section 19(1) of HAMA grants a widowed daughter-in-law the right to claim maintenance from her father-in-law. However, Section 19(2) limits this obligation only to coparcenary property in his possession. The court noted that this liability is not personal but tied to the property.
“A widowed daughter-in-law is entitled to be maintained after the death of her husband by her father-in-law,” states Section 19(1).
Additionally, Section 21(vii) of HAMA includes the “widow of a son” in the list of dependents. It allows her to claim maintenance from her father-in-law’s estate if she cannot obtain it from her husband’s estate or her children.
Read also:- Supreme Court Quashes Patna HC Ruling, Upholds SBI's Removal of Employee in Loan Corruption Case
The court also referred to Section 22, which obligates heirs to maintain dependents from the inherited estate. Section 28 further ensures that the right to maintenance can be enforced even if the property is transferred, provided the transferee has notice.
The court emphasized that HAMA is social welfare legislation aimed at protecting vulnerable family members. The intent is to provide equity and support to those without means.
“The provisions shall be construed to advance the right of the widowed daughter-in-law,” the judgment read.
The High Court set aside the family court order and directed it to rehear the case expeditiously. The parties have been asked to appear before the family court on September 9, 2025.
This ruling reaffirms that a widowed daughter-in-law’s claim for maintenance survives the father-in-law’s death and can be enforced against his estate.
Case Title: Geeta Sharma vs. Kanchana Rai & Ors.
Case Number: MAT.APP.(F.C.) 303/2024
