A widowed daughter-in-law is entitled to maintenance claims from her father-in-law's estate, contingent upon dependency and existing coparcenary property.

JUDGMENT :

ANIL KSHETARPAL, J.

1. Through the present Appeal filed under Section 19 of the FAMILY COURTS ACT , 1984, the Appellant [Plaintiff before the Ld. Single Judge] assails the correctness of the impugned judgement and order dated 27.08.2024 [Hereinafter referred to as "Impugned Order"] passed by Ld. Judge, Family Court-01, South-East District, Saket Courts, New Delhi [Hereinafter referred to as "the Family Court"] in HAMA No. 09/2023 captioned Geeta Sharma vs. Kanchana Rai & Ors., whereby the Petition filed by the Appellant under Sections 19 , 21, 22 and 23 of the Hindu Adoption and Maintenance Act, 1956, [Hereinafter referred to as "the HAMA"] was found to be non-maintainable in view of Section 22 of the HAMA and was accordingly dismissed.

2. The question of law requiring adjudication of this Court in the present Appeal is whether a daughter-in-law, who becomes a widow after the demise of her father-in-law, is entitled to claim maintenance from the estate derived from coparcenary property of her deceased father-in-law. Since the issue before this Court pertains solely to a pure question of law being answered, hence, it is considered neither necessary nor appropriate to set out the detailed factual matrix leading to the present case. In view thereof, only the facts relevant and/or material for the adjudication of the question of law in regard to the issue at hand shall be referred to hereinafter.

3. The Appellant became a widow after the death of her husband on 02.03.2023, whereas her father-in-law, namely Dr. Mahendra Prasad, had pre-deceased his son, having passed away on 27.12.2021. Pursuant thereto, the Appellant filed a Petition under Section 19 of the HAMA. However, the Petition filed by the Appellant has been dismissed by the Family Court on the ground that it was not maintainable in view of the bar contemplated under Section 22 of the HAMA. The relevant provisions of the HAMA are reproduced hereinbelow and is to be read as under:

19. Maintenance of widowed daughter-in-law.―(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,

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

(2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in- law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law.

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21. Dependants defined.―For the purposes of this Chapter “dependants” mean the following relatives of the deceased:―

(i) his or her father;

(ii) his or her mother;

(iii) his widow, so long as she does not re-marry;

(iv) his or her son or the son of his predeceased son or the son of a predeceased son of his pre-deceased son, so long as he is a minor: provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father’s or mother’s estate, and in the case of a great-grandson, from the estate of his father or mother or father’s father or father’s mother;

(v) his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of