Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court

The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband.

A division bench comprising of Justice Mukta Gupta and Justice Neena Bansal Krishna dismissed a plea filed by a widowed daughter-in-law and grand-daughter under sec. 19 of the Family Court Act, 1984 against the order dated 3rd May, 2019 deferring their claim for interim maintenance in a petition under sec. 19 of the Hindu Adoption and Maintenance Act, 1956.

The appellant no.1 got married to the son of the respondents on 3rd December, 2011 and one daughter appellant No.2 was born from their wedlock on 1st October, 2012. Unfortunately, the husband expired on 14th December, 2013 and since the next day, wife along with her daughter shifted to her parental home.

According to the respondents, she neither returned nor did she remain in contact with the respondents, but filed a petition for maintenance after four years i.e on 23rd February, 2018.

The appellant in her application for interim maintenance had asserted that she was not well educated and had no source of income to maintain herself or the daughter. It was stated that she totally dependent upon her old age ailing parents for her day to day needs.

She added that the respondent No.1 father-in-law was an educated person employed in MTNL department and was duty bound to take care of them. However, it was alleged that the respondents had intentionally and deliberately neglected them by not paying them anything towards their maintenance.

It was claimed that not only was the father in law getting his regular salary but was also earning about ₹20,000 per month from rent and his total monthly earnings were about ₹55000 to ₹65000. Accordingly, she claimed interim maintenance in the sum of ₹30,000 per month till the disposal of the main petition.

The respondents on the other hand, had asserted that the appellants were not entitled to any maintenance under sec. 19 of the Act since there was no estate left behind by the deceased.

The Family Court in the impugned order, observed that the appellant had failed to disclose about any estate left behind by her husband with the respondents from which the appellants could claim maintenance. The application was accordingly dismissed.

The main ground of challenge before the High Court was that the widowed daughter-in-law and grand-daughter were entitled to claim maintenance from the father-in-law even if the property was self acquired by the parents-in-law or grandparents. It was claimed that the facts have not been appreciated in the right perspective and the maintenance has been wrongly denied to the appellants.

"The appellant has failed to disclose any estate of her husband having devolved upon the respondents. Not only this, the respondent No.1 father-in-law has already expired. Now only respondent No.2 mother-in-law survives and the appellants cannot as a matter of right, claim any maintenance from her," the Court observed.

The Court was of the view that sec. 22 of the Act provided for maintenance of dependents of the deceased by the heirs of the deceased, however it was subject to the condition that they must have inherited the estate from the deceased.

"As already noted above, no estate has been inherited either by the mother or the sister of the deceased husband of the appellant No.1 from which any maintenance can be claimed by the appellants. There is no infirmity in the impugned order of the learned Family Judge," the Court said.

Accordingly, the appeal was dismissed.

Title: LAXMI & ANR v. SHYAM PRATAP & ANR

Citation: 2022 LiveLaw (Del) 432

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