International Journal of Law

International Journal of Law

ISSN: 2455-2194; Impact Factor: RJIF 5.12
Received: 22-08-2020; Accepted: 07-09-2020; Published: 23-09-2020
www.lawjournals.org
Volume 6; Issue 5; 2020; Page No. 264-266

Maintenance of widowed daughter-in-law: A duty or a liability

Saksham Kathuria
Department of Law, MJPRU, Uttar Pradesh, India

Abstract
Relevance of wife/daughter in an Indian Society –– Wife is the aradhangini (half of man) –– These laws were made to remove
inequality between class and class, between sex and sex –– Hindu Adoption and Maintenance Act, 1956 –– Right of a
widowed Daughter-in-law is a pre-existing right –– Section 19 –– Can approach in-laws for maintenance after the death of
husband –– Section 18 –– Certain Conditions shall be fulfilled to attain the maintenance –– ‘Dependant’ under Section 21 ––
Coparcenary Property –– Moral rights transformed into legal rights of widowed daughter-in-law –– Maintenance from self-
acquired property of in-laws –– This right is still available to the widowed daughter-in-law of the pre-deceased son against the
self-acquired property of her father-in-law –– A daughter becomes a daughter-in-law, If the daughter gets a share, similarly the
daughter in the other house gets a share.

Keywords: daughter, Maintenance, daughter, widowed

Introduction Among all of them, one law is there which is still in

Women has always played a fundamental role from being a conflict, between the courts – Hindu Adoption and
daughter to being mother. We’ve always read, heard and Maintenance Act, 1956 [6].
talked about feminism, the very root of the Women As we discussed earlier, most of the women are still
Empowerment not just in working field but also to the engaged in household work rather than in academic or
extent of mured in four walls (char diwari). Women has earning livelihood and are dependant on their husband for
sacrificed everything for their families, from their career to their livelihood even. Unfortunately, what if there husband
their own wishes. From father to husband, they always is no more in this world for them to maintain. Who will be
respected the male in their life and their wishes. As per liable to maintain them? That’s the main question arises
National Commission for Protection of Child Rights report, here. This issue was recognized in Hindu Code Bill, where
most of the women are still occupied in household work the right of daughter-in-law was explained and remedies
rather than attaining knowledge [1]. were also provided in the form of law, after plenty support
Many are still there who are making a step forward to create by Seth Govind Dast [7] and Hon’ble Shri. K. Santhanam [8].
a leg to stand on not only just for them but for their families Several sections were mentioned in Hindu Code Bill, from
too. But there are a lot of women, who are totally dependant rights of widowed daughter-in-law for maintenance to the
on their husband, for their livelihood. If we talk about extent of paying their rights even in their deceased
Women Empowerment, is this kind of Empowerment, we husband’s property [9]. Let’s move forward, to what court’s
were talking about where a woman is not even allowed to opinion is regarding the rights of widowed daughter-in-law.
work and also totally dependant on her husband for
everything. But as far as I read, “The wife is verily the half Right of Widowed Daughter-In-Law is A Pre-Existing
of the husband. Man is only half, not complete until he Right.
marries” [2]. Hindu Code Bill first ensured that every widowed daughter-
Keeping in mind, the importance and rights of Hindu in-law is liable to be maintained by her in-laws after the
women in society, the Hindu Code Bill was drafted by Dr. death of the husband. As we all know, Hon’ble Courts have
B.R. Ambedkar [3]. While drafting Hindu Code Bill, special never sat back while they perceive that somebody has not
significance was given by Dr. B.R. Ambedkar with the sole been given their rights which they deserve in the biggest
intentions i.e. “No law passed by the Indian Legislature in democratic country of the world [10]. A while later courts
the past or likely to be passed in the future can be compared started recognizing it, In Jupudy v. Pentapati [11], M. Yusuf
to it (Hindu Code) in point of its significance, To leave Eqbal, J., suggested that Right of a widowed daughter-in-
inequality between class and class, between sex and sex law is not only pre-existing but also “that the claim of Hindu
which is the soul of Hindu society, untouched and to go on widow to be maintained is not a mere formality which is to
passing legislation relating to economic problems is to make be exercised as a matter of concession, grace or gratis but is
a farce of our Constitution and to build a palace on a dung a valuable, spiritual and moral right” [12].
heap” [4]. In Balbir v. Harinder [13], Mittal,J., suggested that “The right
in case of a widow is a pre-existing right, which existed
Hindu Adoption and Maintenance Act, 1956. under the Shastric Hindu law long before the passing of the
The Hindu Code Bill contained a collection of several Hindu Women's Rights to Property Act, 1937 or the Hindu
Hindu laws, after a huge level of efforts by Dr. B.R. Married Women's Rights to Separate Residence
Ambedkar, four of them were finally passed in 1955-56 [5]. and Maintenance Act, 1946 or the Hindu Adoptions

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and Maintenance Act, 1956” [14]. the deceased's sons widow has been recognised so long as
The right of widow daughter-in-laws has not only just been she does not remarry and is also unable to obtain
considered as a right, but is a means to stand their selves, maintenance from the sources mentioned therein including
and to move forward with their family and in-laws. We all the estate of her father-in-law [21].
know, widowed women in earlier times were considered no
more than curse. But one thing we forget is whether she is a Daughter-in-law and her rights in the self-acquired
widow, she has got every right to live their life under a roof, property of her father-in-law?
with a proper clothing and atleast some proper food, which As discussed earlier, a widowed daughter-in-law is liable to
has been ensured by Hindu Adoption and Maintenance Act, obtain maintenance from her In-Laws. A bare reading of
1956 [15]. Section 19(2) [22], clearly throws a light on the medium by
Section 19 ensures that a Hindu widowed-daughter-in-law which the maintenance shall be paid to the daughter-in-law.
to be maintained, after the death of her husband from her First question arises, what is ‘Coparcenary Property’ within
father-in-law or from the estate of her husband, son or the meaning of Section 19?
daughter (if any) [16]. In Gurdip v. Ghamand Singh [23], Division Bench answered:
“the term [co-parcenary property] occurring in Hindu
Fulfilment of Conditions for Availing Right to Adoption and Maintenance Act means the property which
Maintenance. consists of ancestral property or joint acquisitions, or
Certain condition has been imposed by Section 21, to avail property thrown into the common stock and accretion to
the right of maintenance by her-in-laws. In Radhika v. such property [24].” They also suggested that the right of
Karun [17], Malhotra, J., suggested that provisions of Section widowed daughter-in-law U/s. 19 of the Act whittled down
19 of the Act are so plain, clear and unambiguous that literal the unhumpered rights of a widowed daughter-in-law for
meaning as provided in these two provisions are to be given maintenance against her father-in-law.
as described plainly in the two provisions. He also Second question that arises here is except clothing, shelter,
suggested: food is widowed daughter-in-law liable to take maintenance
“That the underlying idea of enacting of Section 18 and 19 from the deceased inherited property or coparcenary
of Hindu Adoption Act was that during the lifetime of the property? In Gurdip Kaur’s case [25], it was suggested that:
husband, he shall be under legal obligation to discharge his Mitakshara school has just provided the moral rights to
duties towards his wife for the purpose of maintenance and widowed daughter-in-law for maintenance against her
only after his death his father shall maintain his daughter-in- father-in-law but after the enactment of this HAMA, moral
law”. First Condtion is that she has to a widow (vidhava) in rights has been converted into legal rights of widowed
the first place. “One of the most important condition is that daughter-in-law maintenance against her father-in-law. In
if she was unable to maintain herself out of her own earning Dayabhaga School Hindu governed is under only a moral
only then her father-in-law would be under legal obligation liability to maintain the widow of his deceased son, the
to maintain her.” “Second condition is that “she’ll be liable liability when transmitted on his death to his surviving sons
for maintenance only if she has no other property from the becomes in their persons a legal liability, the measure of
estate of her husband or her father or mother or from her son which, however, is restricted to the amount of the estate to
or daughter [18].” which they have succeeded from their father.
(Emphasis in original) Last and the main question that arises is that whether a
A bare reading of Section 18 and 19 [19] indicates that at first widowed daughter-in-law is liable to have a share in self-
instance, it is the husband who is under legal obligation to acquired property? In Balbir Kaur’s case [26], it was held:
maintain his wife of course subject to exceptions as “Though under the Act, the right to claim maintenance by
provided in Section 18(2) and after the death of her husband widowed daughter-in-law against her father-in-law is
her father-in-law shall maintain her not in absolute terms but limited to the extent of coparcenary property in the hand of
subject to the condition that she is unable to maintain herself father-in-law, out of which widowed daughter-in-law has
out of her own earnings or other properties. That goes to not taken any share, but under the old Hindu Law,
show that even after the death of her husband firstly she has prevailing before the enactment of the Act, this right of
to maintain herself out of her own earnings from the maintenance to the widowed daughter-in-law against the
property and not otherwise and if she is not able to do that self-acquired property of her father-in-law, was available.
only then her father-in-law's obligation starts. Father-in-law This right is still available to the widowed daughter-in-law
cant approached for maintenance of her widowed daughter- of the pre-deceased son against the self-acquired property of
in-law if she can’t fulfill either one of the conditions. her father-in-law, as this right shall not cease to be in force
Section 22 clearly mandates that if there is any property, because the same is not inconsistent with any provision
inherited from the deceased by his family members, than contained in the Act. Thus, the widowed daughter-in-law of
they shall maintain the dependants of the deceased out of a pre-deceased son is entitled to claim right of maintenance
the inherited property, if such dependant is prescribed under against the self-acquired property of her father-in-law,
Section 21. whether it is in his hand or in the hand of his heir or donee.”
In Madhukar v. Shalu [20], it was held that, first of all the (Emphasis in original)
widowed shall not remarry, and even still she is unable to In India, we consider Daughter-in-law just as our daughters
obtain maintenance from her father-in-law, this situation is (beti), but when it comes to give them their share, we
taken care of by provisions of Section 21(vi) (c) of the said usually consider giving it to our blood relatives. Hon’ble K.
Act which in these circumstances defines her as a Santhanam expressed a view during the enactment of Hindu
'dependant' and the heirs of the deceased are bound to Code Bill [27]: “After all, the daughter becomes a daughter-
maintain such dependant under Section 22 of the said Act. in-law. If the daughter gets a share, similarly the daughter in
Similarly, under Section 21(vii) of the said Act, the right of the other house gets a share and therefore in the long run,

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except for an adjustment of legal rights through the 20. See, Madhukar v. Shalu, (6) Mh. L.J. 391, 2013.
establishment of self-respect and social equality between 21. Id, para 18.
man and woman.” In Vineeta v. Rakesh [28], Arun Mishra, J., 22. See, Section 19(2), Hindu Adoption and Maintenance
suggested a very commona saying, “A son is a son until he Act. “Any obligation under sub-section (1) shall not be
gets a wife. A daughter is a daughter throughout her life.” enforceable if the father in law has not the means to do
so from any coparcenary property in his possession out
References of which the daughter-in-law has not obtained any
1. In India, 39.4 percent of the adolescent girls in the age share, and any such obligation shall cease on the
group of 15-18 years are not attending any educational remarriage of the daughter-in-law”, 1956.
institution. The percentage of boys not attending any 23. See, Gurdip Kaur vs Ghamand Singh, AIR P&H 238,
educational institution in the same age group is 35%. 1965.
Out of the total population of 15-18 year old OoS girls, 24. Ibid, para 35.
64.8 % are non-workers i.e. persons who did not ‘work’ 25. Ibid, para 35
at all including students, persons engaged in household 26. Supra, para 19.
duties, dependents, pensioners, beggars, etc. In other 27. Supra, at 595.
words, around 65 percent girls who do not attend any 28. See, Vineeta Sharma v. Rakesh Sharma, decided on
educational institution are either engaged in household 11.08, 2020.
activities, are dependents or are engaged in begging etc.
On the other hand 33.4% of OoS boys are non-workers.
2. According to Satpatha Brahmana, Wife is
the ardhangini (half of man).
3. The Hindu Code Bills were several laws passed that
aimed to codify and reform Hindu personal law in
India. The draft Hindu code bill was drafted in 1948
and was enacted in, 1956.
4. See Dr. Babasaheb Ambedkar Writings and Speeches,
Section III, Discussion on The Hindu Code after return
from Select Committee, 2013, 14:3.
5. Among several hindu laws, four of them were passed in
Hindu Marriage Act, Hindu Succession Act, Hindu
Minority and Guardianship Act, and Hindu Adoptions
and Maintenance Act, 1955-56.
6. The Adoptions and Maintenance Act of 1956 dealt
specifically with the legal process of adopting children
by a Hindu adult, and with the legal obligations of a
Hindu to provide "maintenance" to various family
members including their wife or parents, and in-laws.
7. See Dr. Babasaheb Ambedkar Writings and Speeches,
Section III, Discussion on The Hindu Code after return
from Select Committee, 2013, Vol. 14 at 319-20.
8. See Dr. Babasaheb Ambedkar Writings and Speeches,
Section III, Discussion on The Hindu Code after return
from Select Committee, 2013, Vol. 14 at 595.
9. See Dr. Babasaheb Ambedkar Writings and Speeches,
Part IIIA at 189:192-93.
10. India (Bharat) was considered as the World’s Biggest
Democratic Country in the world by European
Parliament, At a Glance, 2014.
11. See, Jupudy Pardha Sarathy v. Pentapati Rama Krishna,
(2) SCC 56, para 15-16, 2016.
12. Id, para 15-16.
13. Balbir Kaur v. Harinder Kaur, SCC OnLine 824.
14. Id, para 12, 2002.
15. See, Section 3, Hindu Adoption and Maintenance Act,
"maintenance" includes in all cases - provision for food,
clothing, residence, education and medical attendance
and treatment”, 1956.
16. See, Section 19(2), Hindu Adoption and Maintenance
Act, 1956.
17. See, Radhika Narang v. Karun Raj Narang, 115 DLT
440, 2004.
18. Id, para 8.
19. See, Section 18 and 19, Hindu Adoption and
Maintenance Act, 1956.

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