Maintenance Rights: Daughter-In-Law Vs. Father-In-Law

In India, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, states that children are responsible for the maintenance of their parents. However, the question of whether a daughter-in-law can claim maintenance from her father-in-law is more complex. While some courts, such as the Patna High Court, have ruled that a daughter-in-law cannot claim maintenance under Section 125 of the Code of Criminal Procedure, other courts, such as the Delhi High Court, have observed that a daughter-in-law can claim maintenance from her father-in-law if she has inherited property from her husband. This discrepancy highlights the need for clear legal guidelines regarding the financial responsibilities and rights of individuals within a family.

Daughter-in-law can claim maintenance under Section 19 of the HAMA

In India, a widowed daughter-in-law can claim maintenance from her father-in-law under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA). This entitlement is not dependent on her living in her matrimonial home. However, it is important to note that the father-in-law's obligation to provide maintenance only applies if he has the means to do so from ancestral or coparcenary property in his possession from which the daughter-in-law has not obtained any share. This obligation ceases upon the remarriage of the daughter-in-law.

The HAMA, enacted in 1956, is the first personal law statute in India that imposes an obligation on children to maintain their aged and infirm parents. While traditional Hindu Law recognises the joint family's obligation to maintain the wives and widows of coparceners, Section 19 of the HAMA specifies the conditions under which a widowed daughter-in-law can claim maintenance from her father-in-law.

According to Section 19(1) of the HAMA, a Hindu wife (married before or after the commencement of this act) can claim maintenance from her father-in-law after the death of her husband in two specific cases. Firstly, when she is unable to maintain herself through her own earnings or property. Secondly, when she has no property of her own and is unable to obtain maintenance from the estate of her husband, father, mother, son, or daughter.

The Allahabad High Court has upheld a widowed daughter-in-law's right to claim maintenance from her father-in-law under Section 19 of the HAMA, even reducing the maintenance amount from Rs 3,000 to Rs 1,000 per month considering the father's age and dependency on his sons. Additionally, the Chhattisgarh High Court has also allowed a widowed daughter-in-law's maintenance application, directing the father-in-law to pay Rs. 1,500 per month.

However, it is important to note that the Patna High Court has clarified that a daughter-in-law cannot claim maintenance from her father-in-law under Section 125 of the Code of Criminal Procedure (CrPC). Instead, they must claim maintenance under Section 19 of the HAMA, which specifically addresses the maintenance entitlements of widowed daughters-in-law.

Daughter-in-law cannot claim maintenance under Section 125 of CrPC

The Patna High Court has clarified that a daughter-in-law cannot claim maintenance from her father-in-law under Section 125 of the Code of Criminal Procedure (CrPC). This means that a Family Court cannot invoke Section 125 CrPC to grant interim maintenance while deciding an application for maintenance under Section 19 of the Hindu Adoption and Maintenance Act (HAMA). The Court observed that the object of Section 19 of the Act is to enable a widowed daughter-in-law to claim maintenance from her father-in-law only when she is unable to maintain herself from her own property or the estate of her husband, father, mother, son, or daughter.

The Court further clarified that the father-in-law is not obligated to maintain his daughter-in-law unless there is some ancestral property in his possession from which the daughter-in-law has not received any share. This obligation also ceases upon the remarriage of the daughter-in-law. The Court held that Section 125 of CrPC provides for the maintenance of wives, children, and parents, but not for daughters-in-law.

In a similar case, the Karnataka High Court also answered in the negative, stating that Section 125, CrPC envisages that only wives, parents, and minor children can claim maintenance. The Court held that a daughter-in-law cannot lay a claim against her parents-in-law for maintenance under this section.

While the aforementioned cases deny the claim of maintenance by a daughter-in-law under Section 125 of CrPC, it is important to note that some courts, such as the Delhi High Court, have observed that a daughter-in-law can claim maintenance from her father-in-law under certain conditions. For instance, in a case where the daughter-in-law has inherited some estate from her husband, the Court allowed the claim for maintenance.

Daughter-in-law can claim maintenance if she inherited an estate from her husband

A daughter-in-law can claim maintenance from her father-in-law if she has inherited some estate from her husband, according to the Delhi High Court. This is also supported by the Bombay High Court, which observed that after a husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.

In the case of Laxmi vs. Shyam Pratap, the Delhi High Court observed that a daughter-in-law can claim maintenance from her father-in-law if she has inherited some estate from her husband. This was a landmark judgment cited in 2022 LiveLaw (Del) 432. The Court dismissed a plea filed by a widowed daughter-in-law and granddaughter under Section 19 of the Family Court Act, 1984, against an order deferring their claim for interim maintenance.

Section 19 of the Hindu Adoption and Maintenance Act, 1956, provides for maintenance to a widowed daughter-in-law. It states that a Hindu wife, whether married before or after the Act, is entitled to be maintained after her husband's death by her father-in-law, provided she is unable to maintain herself from her own earnings or property. This right is conditional and restricted to the share of the coparcenary property that the widowed daughter-in-law has not obtained.

The Court further clarified that the right to claim maintenance from the father-in-law is subject to the condition that the claimants have inherited the estate from the deceased. In this case, the father-in-law had already expired, and the appellants could not claim maintenance from the surviving mother-in-law as a matter of right.

Additionally, the Bombay High Court supported this right in a case where a man challenged an order granting interim maintenance to his widowed daughter-in-law and grandson. Justice Nitin W Sambre observed that as per Section 19 of the Hindu Adoption and Maintenance Act, 1956, the respondent widow has every right to claim maintenance from the estate inherited by her father-in-law. The Court considered the respondent's inability to maintain herself and her dependence on the earnings of the petitioner father-in-law.

Daughter-in-law can claim maintenance if she is a dependent

In India, the maintenance and support of parents are governed by the Hindu Adoption and Maintenance Act, 1956 (HAMA). Under Section 125 of the Code of Criminal Procedure (CrPC), daughters are liable to pay maintenance to their parents if they are dependent on them. Similarly, the Act also imposes an obligation on children to maintain their parents, including daughters-in-law, who are unable to maintain themselves.

The Patna High Court clarified that a daughter-in-law cannot claim maintenance from her father-in-law under Section 125 of the CrPC. However, she can claim maintenance under Section 19 of the HAMA, which is restricted to the share of coparcenary property held by the father-in-law, out of which the daughter-in-law has not received any share. The Delhi High Court has also observed that a daughter-in-law can claim maintenance from her father-in-law if she has inherited some estate from her husband.

The Allahabad High Court ruled that a widowed daughter-in-law can claim maintenance from her father-in-law under Section 19 of the HAMA, even if she does not live in her matrimonial home. The Court considered the father's age and dependency on his sons when determining the maintenance amount. Additionally, the Court upheld that the daughter-in-law's right to claim maintenance is not conditional on her residing in her matrimonial home.

It is important to note that the obligation to maintain parents is not solely the responsibility of sons but extends to daughters as well, as outlined in the Hindu Adoption and Maintenance Act, 1956. This obligation is contingent on the parents' financial inability to support themselves independently.

Daughter-in-law can claim maintenance if she is unable to maintain herself

In India, the law surrounding a daughter-in-law's right to claim maintenance from her father-in-law is complex and varies across different jurisdictions. While some courts have recognised this right under specific circumstances, others have clarified that a daughter-in-law cannot claim maintenance from her father-in-law under certain sections of the criminal code.

The Delhi High Court has observed that a daughter-in-law can claim maintenance from her father-in-law if she has inherited some estate from her husband. In this context, maintenance includes provisions for basic facilities such as food, clothing, shelter, education, and medical treatment. The Court's decision underscores the principle that dependents of the deceased can claim maintenance from the heirs, provided they have inherited the estate.

However, it is important to note that the Patna High Court has provided a different perspective on this matter. According to their ruling, a daughter-in-law cannot claim maintenance from her father-in-law under Section 125 of the Code of Criminal Procedure. Instead, the Court clarified that Section 125 pertains to the maintenance of a wife, children, and parents, while Section 19 of the Hindu Adoption and Maintenance Act (HAMA) addresses the daughter-in-law's entitlement to maintenance.

Notably, the Patna High Court further emphasised that a family court cannot invoke Section 125 to grant interim maintenance while deciding an application under Section 19 of HAMA. This ruling highlights the distinct legal frameworks governing these maintenance claims.

To summarise, while the Delhi High Court acknowledges a daughter-in-law's right to claim maintenance from her father-in-law under specific circumstances, the Patna High Court's ruling sets a precedent that excludes the application of Section 125 in such cases. It is crucial to approach each case individually, considering the specific circumstances, applicable laws, and the jurisdiction of the relevant court.

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