NEW DELHI: The Supreme Court on Tuesday held that a Hindu widow is entitled to get maintenance from the father-in-law’s estate after his death, under the Hindu Adoptions and Maintenance Act (HAMA), 1956.
“Denying maintenance to a widowed daughter-in-law from the estate of her deceased father-in-law on a narrow or technical construction of the statute would expose her to destitution and social marginalization, thereby offending her fundamental right to live with dignity,” said a two-judge bench of Justice Pankaj Mithal and Justice SVN Bhatti.
In its 15-page verdict, the top court also clarified that the timing of the husband’s death, whether it occurs before or after the father-in-law’s demise, is “immaterial” for determining her status as a “dependant.”