Section 19 HAMA 1956 | When Can Widowed Woman Claim Maintenance From Father-In-Law? : Chhattisgarh High Court Answers

Analysing the mandate of Section 19 of the Hindu Adoptions and Maintenance Act, 1956, the Chhattisgarh High Court has observed that a widowed woman can claim maintenance from her father-in-law to the extent that she is unable to maintain herself out of her earnings or other property or, where she has no property of her own, she is unable to obtain maintenance, from the estate of her husband or her father or mother.

The bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari observed thus while allowing an appeal filed by a man (Dhanna Sahu) challenging a Family Court's judgment allowing the maintenance application of his widowed daughter-in-law (Sitabai Sahu) and directing him to pay an amount of Rs.1500/- to her.

Before the HC, the father-in-law/Appellant contended that the respondent/daughter-in-law had earlier filed an application seeking custody of her children wherein she had herself deposed that she had enough earnings and would be able to maintain her children, apart from the property.

Therefore, it was his primary argument before the HC that her statement cannot be ignored, which cut through the requirement of the provision of Section 19 of the Hindu Adoptions and Maintenance Act, 1956 which governs the maintenance for widowed daughter-in-law.

On the other hand, the Counsel for the respondent submitted that the statement made by her in the prior proceeding cannot be agitated time and again in the subsequent proceeding and the position of the parties is to be evaluated in the subsequent adjudication.

Taking into account Section 19 of the HAM Act 1956, the Court noted that to grant maintenance under Section 19 of the Act, the first condition is that maintenance can be claimed from the father-in-law by the widowed daughter-in-law to the extent that she is unable to maintain herself out of her own earnings.

However, on comparison of such provision with the statement of the respondent in the earlier proceedings for child custody, the Court found that the woman/respondent had otherwise stated that she had sufficient means of earning and that she could maintain herself as well as her children.

Taking note of her statement regarding her ability to maintain herself, the Court made the following remark: 

"In her statement, she has stated that she had given the statement in earlier proceeding that she is able to maintain herself from the estate of her husband or father or mother and nowhere it is stated that she is unable to maintain herself. She admitted to have given statement that her mother and father have sufficient property. Therefore, the statement itself made by the respondent cut across the requirement which is mandatory under Section 19 of the Act of 1956.There is no answer to the aforesaid issue as to under what circumstances, the statement was made in a judicial proceeding in earlier round of litigation and the statement having been confronted and admitted by the appellant would hold the field to adjudicate the issue."

Against this backdrop, the Court refused to affirm the impugned judgment passed by the Family Court and hence, it set it aside while allowing the Appeal.

Case title - Dhanna Sahu vs. Sitabai Sahu

Case Citation:

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