Legal provisions involved: Section 21(vii) and Section 22 of the Hindu Adoptions and Maintenance Act, 1956; Articles 14 and 21 of the Constitution of India.

Judgement by: Supreme Court of India

Bench/Judge: Justice Pankaj Mithal and Justice S.V.N Bhatti

Facts

A Hindu man died in December 2021 leaving behind several family members. After his death, one of his sons also passed away. The son’s widow then asked for maintenance from her father-in-law’s property under the Hindu Adoptions and Maintenance Act. The Family Court rejected her request, saying she was not a widow when her father-in-law died. The High Court disagreed and held that she was a dependent under the law. Other heirs challenged this decision before the Supreme Court.

Key legal provisions

Section 21(vii) and Section 22 of the Hindu Adoptions and Maintenance Act, 1956.

Articles 14 and 21 of the Constitution of India.

Issues raised

Can a daughter-in-law claim maintenance if she became a widow after her father-in-law’s death?

Arguments of the case

The appellants argued that only widows of sons who died before the father-in-law should get maintenance. The respondent argued that the law does not make any such distinction and is meant to protect widowed women.

Judgement

The Supreme Court dismissed the appeals and held that the timing of widowhood does not matter. A Hindu daughter-in-law, even if widowed later, can claim maintenance from her father-in-law’s estate.

Click here to VIEW the full judgement.