Source: Chhattisgarh High Court

Why in News?

Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari held 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 Chhattisgarh High Court gave this judgment in the case of Dhanna Sahu v. Sitabai Sahu.

What is the Background of Dhanna Sahu v. Sitabai Sahu?

• Sitabai Sahu is the daughter-in-law of the appellant. She was married to Virendra Sahu, son of the appellant and 2 children were born. Said Virendra Sahu died in harness on 28^th August 2021.
  • A dispute arose between the parties and the children were kept in the custody of the father-in-law i.e. the appellant.
• The appellant has affluent means. He has 6 acres of land and was in the avocation of doctorship, whereas the daughter-in-law was unable to maintain herself. Stating various grounds, maintenance was claimed.
• The father-in-law opposed the application for maintenance and stated that his daughter-in-law has sufficient means to survive. No document has been placed before the Court to show that she is unable to maintain herself from the estate of her husband or father or mother.
• The learned family Court after evaluating the material placed before it has directed to pay an amount of Rs.1500/- as maintenance to the daughter-in-law.
• Learned counsel for the appellant would submit that the respondent daughter-in-law has filed the application prior to this litigation for custody of the children wherein she has deposed that she has enough earning and would be able to maintain her children, apart from the property.
  • Therefore, that statement cannot be ignored, which cut through the requirement of provision of Section 19 of the Hindu Adoptions and Maintenance Act, 1956.
• The statement of the respondent was made before the family Court in a proceeding for custody of the children and the same was exhibited where she has stated that she wants to keep the children with her, as she has stated that she was working in a private company and was earning enough and her mother and father were also financially well.
• She has stated that she had given the statement in earlier proceedings that she is able to maintain herself from the estate of her husband or father or mother and nowhere is it stated that she is unable to maintain herself.
  • She admitted having given the 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.
• The impugned judgment dated 8^th February 2023 passed by the family Court cannot be sustained and the same is set aside.

What was the Court’s Observation?

• Sitabai Sahu has stated that she had given the statement in earlier proceedings 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. The statement itself made by the respondent cut across the requirement which is mandatory under Section 19 of the Act of 1956.
• Hence, the HC allowed the appeal and the court did not grant her maintenance.

What is Hindu Adoption and Maintenance Act, 1956?

The laws relating to adoption and maintenance generally depend on the personal laws of different religions. In India, the Hindu Adoption and Maintenance Act, 1956 governs such law for Hindus, Jains, Sikhs, and Buddhists. It basically contains provisions relating to the adoption of children; maintenance of wives, children or aged parents, etc.

• Section 19: Maintenance of widowed daughter-in-law.

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father in-law: Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance― (a) from the estate of her husband or her father or mother, or (b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub-section (1) shall not be 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, and any such obligation shall cease on the remarriage of the daughter-in-law.