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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Hari Ram Hans – Appellant
Versus
Smt. Deepali & Ors. – Respondents
Civil Revision No. 6031 of 2022 (O&M)
Decided On : 22-12-2022
Maintenance - Grandchildren - Interpretation of the Hindu Adoptions and Maintenance Act, 1956
Fact of the Case:
The Family Court directed the petitioner to pay maintenance to his three grandchildren. The petitioner challenged the order, arguing that there is no provision for directing him to pay maintenance to the grandchildren under Section 19 of the Hindu Adoptions and Maintenance Act, 1956.
Finding of the Court:
The court found that the 1956 Act is a beneficial legislation enacted to take care of destitute daughter-in-law, and the word 'widow' includes minor grandchildren staying with their mother. The court dismissed the revision petition, stating that no ground was made out to interfere with the impugned order.
Issues: Interpretation of Section 19 of the Hindu Adoptions and Maintenance Act, 1956
Ratio Decidendi: The court interpreted the 1956 Act to include minor grandchildren under the definition of 'widow' and upheld the order for the petitioner to pay maintenance to the grandchildren.
Final Decision: The revision petition was dismissed, and the impugned order for the petitioner to pay maintenance to the grandchildren was upheld.
JUDGMENT
Anil Kshetarpal, J. - The Family Court had directed the petitioner to pay the maintenance pendente lite @ Rs. 2,000/- each to his three grand children. This revision petition has been filed challenging the correctness of the aforesaid order.
2. The learned counsel representing the petitioner contends that Section 19 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as 'the 1956 Act'), entitles the widow daughter-in-law to file an application, however, there is no provision for directing the petitioner to pay the maintenance to the grand children.
3. The 1956 Act is a beneficial legislation enacted in order to take care of the destitute daughter-in-law who, on account of unfortunate circumstances, becomes a widow. The word 'widow' would include the minor grand children who are staying with their mother.
4. Keeping in view the aforesaid facts, no ground is made out to interfere with the impugned order. Hence, the present revision petition is dismissed.
5. The miscellaneous application(s) pending, if any, shall stand disposed of.
The interpretation of the Hindu Adoptions and Maintenance Act, 1956 to include minor grandchildren under the definition of 'widow' for the purpose of receiving maintenance.
The obligation of a grand father to maintain the daughter of his deceased son is contingent upon inheritance of estate, and the court may consider the financial status of the mother in determining en....
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 daughter-in-law's statement about her financial means in a prior proceeding can be used to evaluate her entitlement to maintenance under Section 19 of the Hindu Adoptions and Maintenance Act, 195....
A daughter who has attained majority is not entitled to maintenance under Section 125 Cr.P.C. unless she is unable to maintain herself due to physical or mental abnormality.
The daughter-in-law cannot claim maintenance under Section 125 Cr.P.C. but can claim the same under Section 19 of the Hindu Adoption and Maintenance Act.
Maintenance to widowed daughter-in-law – Maintenance can be allowed when and to the extent that daughter-in-law is unable to maintain herself out of her own earnings or other property or, where she h....
A major daughter can only claim maintenance under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956, not under Section 125 CrPC unless incapacitated.
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