19. MAINTENANCE OF WIDOWED DAUGHTER-IN-LAW.-
1. A Hindu wife, married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law.
Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-
a. from the estate of her husband or her father or mother, or
b. from her son or daughter, if any, or his or her estate.
2. Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the re-marriage of the daughter-in-law.
Section 19 of the Hindu Adoptions and Maintenance Act, 1956 deals with the right of maintenance of a widowed daughter-in-law, whether married before or after the commencement of the Act.
WHEN CAN DAUGHTER IN LAW CLAIM MAINTENANCE FROM HER FATHER-IN-LAW?
According to section 19(1) a daughter-in-law can claim maintenance from her father-in-law, after the death of her husband only if she is unable to maintain herself from her own earnings or other property or if she has no property
out of the estate of her husband or her father or mother or from her son or daughter, if any or his or her estate.
Thus widowed daughter in law can avail above right only if she is unable to maintain herself from above sources. Further, according to section 19(2), above right is conditional upon following conditions:
1. Father-in-law is in possession of coparcenary property out of which widowed daughter-in-law has not obtained any share.
2. Father-in-law has means to provide maintenance to her out of coparcenary property.
In this way, right of the widowed daughter-in-law to claim maintenance from her father-in-law is limited to the extent of coparcenary property in the hand of father-in-law, out of which widowed daughter-in-law has not taken any share.
Further, according to section 19(2), above right may cease to be enforceable or come to end if she remarries. Also, according to section 24 of the Hindu Adoption and Maintenance Act, her right cones to end if she ceases to be Hindu by converting to another religion.
Under section 19 the father-in-law's obligation to maintain the daughter-in-law is not a primary obligation; it is not even a secondary obligation. It is a remote obligation.
Even if the obligation of the father-in-law arises it is very limited obligation; he is obliged to maintain the daughter-in-law only from any coparcenary property in his possession out of which daughter-in-law has not obtained any share.
The widowed daughter-in-law could claim maintenance in the property notwithstanding the fact that she does not live in her father-in-law's home.
After the death of the father-in-law his moral obligation to maintain his daughter-in-law passes as legal obligation to those who inherit the property of such father-in-law.
Whether widowed daughter-in-law can claim maintenance out of self-acquired property of the father-in-law?
Under the old Hindu law, prevailing before the enactment of the Act, this right of maintenance to the widowed daughter- in-law against the self-acquired property of her father-in-law, was available.
This right is still available to the widowed daughter-in-law against the self-acquired property of her father-in-law as this right shall not cease to be in force because the same is not inconsistent with any provision contained in the Act. (See S. 4(b) of HAMA)
Thus, the widowed daughter-in-law of a pre-deceased son is entitled to claim right of maintenance against the self-acquired property of her father-in-law, whether it is in his hand or in the hand of his heir or donee.
S.V. PARTHASARATHY BATTACHARIAR AND OTHERS V. S. RAJESWARI AND OTHERS
In above case, Madras High Court observed that father-in-law is liable to pay maintenance to widowed daughter-in-law if husband of widow is not known for more than seven years and deemed to have been died.
MAINTENANCE OF GRANDSON BY THE PATERNAL GRANDFATHER
However, there is no provision for maintenance of grandson by the paternal grandfather. But where considering the commitment of a widow to maintain her children and minors being sharers in joint family properties not deriving any income, paternal grandparents being in possession of joint family property are liable for maintenance of minor grandsons with widowed daughter-in-law.
MITHAI LAI RAM BIHARI SAHU V. PREMLATA SAHU,
In the High Court held that Quantum of Maintenance depends on income of father-in-law derived from coparcenary property to the extent of her husband’s share.
Father-in- law was earning Rs. 35,000 per annum from agricultural property. He was having 3 more sons in addition to pre-deceased son. Apportionment of share in income thus had to be made for determination of maintenance amount.
Even if father-in-law was excluded from the share he being an employed person, income had to be divided in four shares. Daughter-in-law would be entitled to Rs. 9,000/- per annum to the extent of her husband's share in income.
