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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Geeta Sharma – Appellant
Versus
Kanchana Rai – Respondent
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
A widowed daughter-in-law is entitled to maintenance claims from her father-in-law's estate, contingent upon dependency and existing coparcenary property.
(1) Liability to maintain widowed daughter-in-law – Any widow of son of a deceased Hindu is a dependant within meaning of Section 21 (vii) of Hindu Adoptions and Maintenance Act, 1956 and is entitled....
A widowed daughter-in-law can claim maintenance from coparcenary property held by her father-in-law under S.19 of the Hindu Adoptions and Maintenance Act, 1956.
Parents-in-law will not be entitled to claim maintenance from their widowed daughter-in-law.
The court affirmed that a widowed daughter-in-law's right to maintenance is prioritized from her husband's estate, conditional on her inability to support herself.
The main legal point established in the judgment is the moral and legal obligation of a father-in-law to maintain a widowed daughter-in-law and grandchildren, as highlighted in Sections 19 and 22 of ....
A widowed daughter-in-law is entitled to maintenance from her father-in-law under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, provided she proves the unavailability of other income s....
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Dependants of a deceased are entitled to maintenance from the estate, regardless of already receiving a share, as long as the estate includes pension and has not been fully apportioned.
(1) If a property of a male Hindu dying intestate is a self-acquired property or obtained in partition of a coparcenary or a family property, same would devolve by inheritance and not by survivorship....
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