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The Delhi High Court has held that a widowed daughter-in-law is entitled to claim maintenance from the estate of her father-in-law, but only to the extent of his coparcenary property, and not from his self-acquired or separate assets. A plea was filed by a woman whose husband passed away in March 2023, and whose father-in-law had died earlier in December 2021. The widow had challenged the dismissal of her maintenance application filed under Sections 19, 21, 22, and 23 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA), by both the family court and a single judge of the High Court.

A Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar emphasized, “Section 19(1) of the HAMA confers upon a widowed daughter in-law a statutory right to claim maintenance from her father-in-law, thereby recognising his legal obligation in form of a liability to provide for her sustenance in event of the demise of her husband.

Cause Title: Geeta Sharma v. Kanchana Rai & Ors

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