The Delhi High Court ruled that a widowed woman is entitled to claim maintenance from her deceased father-in-law’s property, specifically ancestral or coparcenary assets, under HAMA provisions.
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NEW DELHI: The Delhi High Court clarified that a widow is entitled to claim maintenance from the estate of her deceased father-in-law, but only to the extent of coparcenary or ancestral property of the matrimonial family.
The decision provides critical clarity on the interpretation of the Hindu Adoptions and Maintenance Act, 1956 (HAMA), ensuring protection for widowed daughters-in-law even after the death of their father-in-law.
Background of the Case
The case involved Geeta Sharma, the appellant, who became a widow after the death of her husband. Her father-in-law, Dr. Mahendra Prasad, had predeceased her husband. Following this, Geeta Sharma filed a petition under Sections 19, 21, 22, and 23 of the HAMA, seeking maintenance from her late father-in-law’s estate.
The Family Court initially dismissed her petition, citing Section 22 of HAMA, stating that her claim was not maintainable. This prompted the appeal before the Delhi High Court.
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Legal Question
The question before the court was:
Can a widowed daughter-in-law claim maintenance from the estate derived from the coparcenary property of her deceased father-in-law?
This issue had no direct judicial precedent, making it a matter of first impression.
Delhi High Court’s Judgment
The Delhi High Court, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, held that:
- Section 19(1) of HAMA provides a widowed daughter-in-law a statutory right to claim maintenance from her father-in-law. This recognizes his legal obligation to support her after her husband’s death.
- Section 19(2) clarifies that the liability of the father-in-law is limited to coparcenary property. Even if the father-in-law owns separate or self-acquired assets, maintenance arises only from ancestral property forming part of his estate.
- Section 21(vii) explicitly includes the widow of a deceased son as a dependant, entitled to claim maintenance from her father-in-law’s estate if she cannot secure maintenance from her husband’s or her own estate.
- Section 28 ensures that the widow’s claim remains enforceable even if the father-in-law’s estate is transferred, provided the transferee has notice or the transfer is gratuitous.
- The Court emphasized that HAMA is a social welfare legislation aimed at protecting vulnerable dependents. Narrow interpretations that deny maintenance to widowed daughters-in-law would run contrary to the parliamentary intent of safeguarding dependants.
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Court’s Directions
- The Family Court’s order dismissing the petition was set aside.
- The Family Court was directed to ensure expeditious disposal of the application.
- The parties were instructed to appear before the Family Court on 09.09.2025.
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Appearance:
For appellant: Mr. Vikas Singh, Sr. Adv. with Mr. Varun Singh, Ms. Deepeika Kalia, Ms. Alankriti Dwivedi, Ms. Somesa Gupta, Ms. Vasudha Singh & Mr. Sudeep Chandra, Advs.
For Respondents: Mr. Parag P Tripathi, Sr. Adv. Ms. Niyati Kohli, Mr. Pratham Vir Agarwal & Mr. Nilay Gupta, Advs. for R-2 & 3. Mr. Trideep Pais, Sr. Adv. with Mr. Shravanth Shanker, Adv. for Applicant Uma Devi.
Case Title:
GEETA SHARMA versus KANCHANA RAI & ORS.
MAT.APP.(F.C.) 303/2024, CM APPL. 52917/2024, CM APPL. 72192/2024, CM APPL. 8781/2025, CM APPL. 22992/2025 & CM APPL. 33206/2025
READ JUDGMENT HERE
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