Supreme Court Ruling: Hindu Widow Entitled to Maintenance from Father-in-Law's Property

The Supreme Court ruled that under Hindu law, a widow, even if she is a daughter-in-law, is entitled to maintenance from her father-in-law’s property after her husband's death. The time of her husband's death is irrelevant, and the responsibility of the heirs is to provide maintenance for dependents. The Court gave this important ruling on January 13, stating that if a woman becomes a widow after the death of her husband, she is still entitled to claim maintenance from her father-in-law’s property.

The bench of Justices Pankaj Mithal and SVN Bhatti, while interpreting the Hindu Adoption and Maintenance Act (HAMA), 1956, said that all heirs of a deceased Hindu are bound to provide maintenance for the dependents from the deceased’s property. Justice Mithal explained in simple terms that the law mandates that those who were the responsibility of the deceased for maintenance must be supported by the deceased’s property.

The Court clarified that under Section 21 of the Act, the “widow of the son” is considered a dependent, and under Section 22, she can claim maintenance. This means that all dependents must be provided for from the inheritance of the son or other legal heirs. The Court further stated that if the widow of the son is unable to maintain herself on her own or from the property left by her husband, it becomes the father-in-law's responsibility to bear her expenses. There is no provision in the law that terminates this responsibility based on whether the daughter-in-law became a widow before or after the father-in-law’s death.

This case arose from a family dispute regarding the property of one Mahendra Prasad. Mahendra Prasad passed away in December 2021, and his son Ranjeet Sharma died in March 2023. Ranjeet’s wife, Geeta Sharma, applied to the family court for maintenance from her father-in-law’s property. The family court initially dismissed her petition, stating that Geeta Sharma was not a widow at the time of her father-in-law’s death, so she could not be considered a dependent. Later, the High Court overturned this decision. Subsequently, other family members appealed to the Supreme Court, which gave this landmark ruling.