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.

1. This appeal is directed against the order passed by the Family Court allowing interim maintenance of Rs.3,000/- per month in favour of the respondent No.2 Minor Kabya, presently aged about 2 years.

2. The impugned order has been passed on the application of the respondent under S.19 of the Hindu Adoptions and Maintenance Act, 1956 (for short 'the Act, 1956') on the ground that the respondent No.1's late husband Neeraj Baiswade jointly owned family property along with his father (Tikaram Baiswade) and elder brother (Dinesh Kumar Baiswade), appellant Nos. 1 and 2 herein, therefore, the appellants being in possession of the coparcenary or joint family property, they are liable to maintain the respondents out of the income of the said property.

3. Shri Ratnesh Kumar Agrawal, learned counsel appearing for the appellants, would submit that a plain reading of S.19 of the Act, 1956 would make it apparent that, prima facie, the liability of paying maintenance including interim maintenance is on the father - in - law and not on the brother - in - law, therefore, the trial Court should not have fastened the liability to make payment of interim maintenance on the appellant No.2 (brother - in - law). Shri Agrawal would submit that in a case under S.19 of the Act, 1956 ordinarily interim maintenance is not provided because the shares of each of the member of the joint family is yet to be determined.

4. This Court in Mithai Lal v. Premlata Sahu and others , FAM No.72 of 2016 (decided on 15-9-2016) (reported in AIR 2016 Chh 185) has held thus in paras 10 to 14:

10. A close reading of the provision would manifest that a Hindu wife is entitled to claim maintenance after death of her husband from her father - in - law, provided, however, to the extent that she is unable to obtain maintenance from estate of her husband or her father or mother or from her son or daughter, if any, or his or her estate. It is also apparent that the right conferred on the daughter - in - law is not 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. In the case at hand, it is admitted position that respondent No.1 has not got any share of property from her father or her father - in - law, i.e., the appellant. She is thus entitled to claim maintenance from her father - in - law to the extent of her husband's share in the coparcenary property.

11. In the matter of Smt. Rani Bai v. Yadunandan Ram and another , AIR 1969 SC 1118 (paragraph 4) it has been held that under the Act 1956, rights of widowed daughter - in - law to maintenance are governed by S.19 of that Act out of the coparcenary estate of the father - inlaw or her late husband.

12. In the matter of Master Daljit Singh and others v. S. Dara Singh and others , AIR 2000 Del 292 (paragraph 9) it is held that father - in - law is liable to maintain daughter - in - law only where he has inherited any ancestral property but not from his separate or individual property. It is also held that there has to be evidence showing coparcenary property in hands of father - in - law.

13. Again, in the matter of Animuthu v. Gandhiammal and another , AIR 1977 Mad 372 similar proposition has been laid down to hold that when there is no factual obtaining of a share in the coparcenary property a widow could claim maintenance against the coparcenary property from her father - in - law. The quantum of liability of the father - in - law