Windows rights ofter the died of husband

916 votes

Dear Sir,

SubhaschandravsIndubaiAndAnr. on 3 February, 2004

Equivalent citations: II (2004) DMC 114, ILR 2004 KAR 1327, 2004 (2) KarLJ 397

 

In the above view, I have no hesitation to hold that the respondents herein could not have maintained any claim against the petitioner herein i.e., as daughter-in-law and grandson could not have maintained their claim of maintenance from father-in-law and grandfather respectively, under Section 125 of the Cr.P.C. though, of course, they have right to claim maintenance from such person also under Hindu Law and not under Section 125 of the Cr, P.C. So, the point raised is answered in favour of the petitioner and against respondents herein.

 

 

Section 24 in The Hindu Marriage Act, 1955

24 Maintenance pendente lite and expenses of proceedings. —Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54 [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]

 

 

The right of maintenance under Hindu law is very old and it was one of the basic necessities of the joint family system. According to my understanding the maintenance of the women in the joint family system was an important system and this was followed as a tradition which governed the families. It was the obligation of the head of the family (karta) to look after the women of the family i.e. their wives and their daughters until they were married. Latter when the women grew older it was the duty of their children to mother and other old women of the family. The unchastity on part of the women disentitled them to maintenance. Their remarriage ended the claim and the amount of maintenance depended upon various factors like the status of the family, necessary requirements, wants, age, etc. [5] Section 24 provides of Hindu Marriage Act, (HMA) 1955 provides for maintenance.

Section 19(1) in The Hindu Adoptions and Maintenance Act, 1956

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law: Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance—

(a) from the estate of her husband or her father or mother, or

(b) from her son or daughter, if any, or his or her estate.

 

Under this act (Section 19), a (Hindu) wife after the death of her husband is entitled to be maintained by her Father in-law, provided she has no means of her own earnings. However, the right cannot be enforced if her Father in-law does not have means to do so and if the wife remarries.

 

 

 

 HIGH COURT OF DELHI AT NEW DELHI

RADHIKA NARANG and ORS. .....Vs  KULDEEP NARANG and ANR. ..... DATE OF DECISION : January 16, 2009

Sections 18 and 19 prescribe the statutory liabilities in regard to maintenance of wife by her husband and only on his death upon the father-in-law. Mother-in-law, thus, cannot be fastened with any legal liability to maintain her daughter-in- law from her own property or otherwise. (emphasis supplied).

 

Maintenance of Wife under Section 18, the Hindu Adoptions and Maintenance Act, 1956

Under the section 18(1) of the HAMA, 1956 wife is entitled to maintenance by her husband for lifetime i.e. she will be given maintenance until she dies or her husband dies. [7] Under section 18 of this Act a Hindu wife is entitled to live separately from her husband without canceling her right to claim maintenance. The grounds under which she can live separately are:-

 

Section 18 in The Hindu Adoptions and Maintenance Act, 1956

18 Maintenance of wife. —

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance—

 

Section 20 in The Hindu Adoptions and Maintenance Act, 1956

20. Maintenance of children and aged parents.—

(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. Explanation.—In this section “parent” includes a childless step-mother.

Section 22 in The Hindu Adoptions and Maintenance Act, 1956

22. Maintenance of dependants.—

(1) Subject to the provisions of sub-section (2) the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased.

(2) Where a dependant has not obtained, by testamentary or intestate-succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.

(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.

(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part, the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act.

 

Section 23 in The Hindu Adoptions and Maintenance Act, 1956

23. Amount of maintenance.—

(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the Court shall have due regard to the considerations set out in sub-section (2), or sub-section (3), as the case may be, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to—

Advocate Kishan Dutt Kalaskar LawRato

596 votes

Under this act (Section 19), a (Hindu) wife after the death of her husband is entitled to be maintained by her Father in-law, provided she has no means of her own earnings. However, the right cannot be enforced if her Father in-law does not have means to do so and if the wife remarries.

Advocate Nitesh Kumar Singh LawRato