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Can maintenance be claimed for 4 year child after death of husband?
06-Jul-2023 (In Family Law)
I seek legal advice for a case where a Hindu widow of 29 years want their in- laws to take care of educational expenses of their grandson. My friend's husband has recently died of heart attack.She is raising her child who is 4 years old. Her in laws are working and early good salary. My friend is also working in a private firm and earning only 15,000 per month . Her in laws used to quarrel with her so she has started living separately but not able meet both the ends. Could you please let me know if there is any law in Indian judiciary system to claim for maintenance support from her in-laws for her child.
Maintenance under Hindu law:
Maintenance is a right to get necessities which are reasonable from another. it has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.
Apart from the relationship of husband and wife other relations in which there is economic dependency are also considered to be entitled to maintenance by the Hindu Adoptions and Maintenance Act, 1956. Accordingly a widowed daughter-in-law is entitled maintenance from her father-in-law to the extent of the share of her diseased husband in the said property. The minor children of a Hindu, whether legitimate or illegitimate, are entitled to claim maintenance from their parents. Similarly, the aged and infirm parents of a Hindu are entitled to claim maintenance from their children.
Maintenance is a right to get necessities which are reasonable from another. it has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.
Apart from the relationship of husband and wife other relations in which there is economic dependency are also considered to be entitled to maintenance by the Hindu Adoptions and Maintenance Act, 1956. Accordingly a widowed daughter-in-law is entitled maintenance from her father-in-law to the extent of the share of her diseased husband in the said property. The minor children of a Hindu, whether legitimate or illegitimate, are entitled to claim maintenance from their parents. Similarly, the aged and infirm parents of a Hindu are entitled to claim maintenance from their children.
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Adv. Siddhant Mishra
Lucknow | 25+ Answers
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