Discuss the rights of maintenance of widowed daughter- in-law under Hindu Adoption & Maintenance Act, 1956. When does a widow Ilbse her right to maintenance ?
Ans. Widowitd Daughter-in-law’s Right to Maintenance–According to S.19, any Hindu whether her marriage took place either before the commencement of the present Act or thereafter, on the death of her husband, would be entitled to maintenance from her father-in-law to the extent and so long she is unable to maintatin herself – .(a) Out of her own earnings or other property; or (b) From the estate of her husband; or (c) From the estate of her father; or (d) From the estate of her mother; or (e) From the estate of her son; or (f) From the estate of her daughters; or (g) From the estate of her son or daughter; (h) If the father-in-law has no coparcenary property in his possession out of which she has not obtained a share, and (i) She has remained unmarried. Where the father-in-law has coparcenary as well as self-acquired property to his credit and the amount of earning from self-acquired property is sufficient enough to enable him and his wife to maintain themselves, the widowed daughter-in-law acquires a right to get herself maintained out of the earnings of the coparcenary property. In such a case there would be not any obligation upon the earnings of coparcenary property with respect to the maintenance of father-in-law and wife. When does a widow’s Daughter-in-law lose her right to maintenance ? According to S.19 (2) a widow’s daughter-in-Law loses her right to maintenance in the following conditions — (i) Where the father-in-law does not have any means for maintenance out of coparcenary property which was owned by her deceased husband, (ii) Where the widowed daughter-in-law received any share in the coparcenary property, (iii) Where she has remarried (iv) Where she has converted into other religion. 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. In Kanailal V.s. Pushparani Pramanik, the Calcutta High Court held that sub-sec. (2) of S. 19 applies only to parties, governed by Mitakshara law. There is no question of a widow inheriting the share of her husband . in any coparcenary property under the Dayabhag school of Hindu law. The provision of sub-sec. (2) of S. 19 cannot, therefore, apply when the parties belong to the Dayabhag school of Hindu law. But sub-sec. (1) of S. 19 confers a right on a widowed daughter-in-law to claim maintenance from her father-in-law irrespective of whether they are governed by Mitakshara or the Dayabhag school of Hindu law.