A widow's entitlement to maintenance is contingent on justifiable reasons for living separately from her in-laws, per Hindu Adoptions and Maintenance Act.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 18 OF SEPTEMBER, 2025 CIVIL REVISION No. 792 of 2023 SMT RADHA SHARMA Versus JAGDEESH PRASAD SHARMA AND OTHERS Appearance:

Shri Krishna Kant Shrivastava - Advocate for applicant.

Shri Sunil Kumar Jain - Advocate for respondents.

ORDER Heard through video conferencing.

2. This Civil Revision under Section 115 of CPC has been filed against the order dated 14-09-2023 passed by Additional Judge, to the Court of First Additional District Judge, Gohad, District Bhind in MJC No.11/2021, by which the application filed by applicant under Section 19 of Hindu Adoptions and Maintenance Act , has been dismissed.

3. The facts necessary for disposal of the present application in short are that the applicant filed an application under Section 19 of the Hindu Adoptions and Maintenance Act against the respondents who are her parents-in-law. It is the case of the applicant that she got married to Sanjeev on 26.04.2016 and since then she was residing in the matrimonial house situated in village Dhamsa being the legally wedded wife of the son of the respondents. The husband of the applicant died on 30-04-2021. The applicant is an unemployed lady having no source of income and she is unable to maintain herself. She does not have any house to reside and she also does not have any clothes to wear as well as to get herself Signature Not Verified treated. Accordingly, under compulsion, the applicant is residing in the house of her father. Because of the death of her husband, she is not keeping well and generally she remains sick. In paragraph No.4 of the said application, she had given the details of the property which is in the name of respondent No. 1. It was pleaded that the aforesaid property is the ancestral property and, therefore, the applicant is entitled to get the same partitioned. As per the provisions of Section 19 of the Hindu Adoptions and Maintenance Act , the respondents are liable to maintain their widowed daughter-in-law. The yearly income of the respondents is Rs.15,00,000/- and, therefore, the applicant is entitled to one-third share in the income. It was further pleaded that after the death of her husband the respondents, by beating the applicant, have ousted her from her matrimonial house. Accordingly, it was prayed that maintenance at the rate of Rs. 20,000/- per month may be awarded to the applicant.

4. The respondents filed their written statement and it was claimed that the applicant is competent to maintain herself. After the death of her husband, she herself has left her matrimonial home and never came back. She does not want to reside with the respondents because her father is a well-settled and rich person. It was further claimed that the property mentioned in paragraph 4 of the application is the self-acquired property of respondent No.1 and during the lifetime of respondent No.1, the applicant will not get any right in the property. The respondents are ready to bear all the expenses, in case the applicant resides with them in her matrimonial house. Since the applicant is residing in the house of her father without any reasonable reason, therefore, the respondents are not liable to maintain her. Since the husband of the applicant has not acquired any right or title in the property, she cannot claim any share in the property of the respondents. It Signature Not Verified was further reiterated that in case the applicant is willing to reside in her matrimonial house, then the respondents are ready to bear all her expenses. In special plea, it was pleaded that after the death of her husband, the applicant herself has left her matrimonial house and is residing in the house of her father. Under the Hindu Succession Act, the daughter has also share in the property of her father. Therefore, she should demand her share as well as maint