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Supreme Court Says Widowed Daughters-in-Law Can Seek Maintenance From Father-in-Law’s Estate

The ruling rejects a timing-based bar, sending the dispute back to a family court to fix the amount.

Overview

  • A bench of Justices Pankaj Mithal and S.V.N. Bhatti held that the phrase “any widow of his son” under Section 21(vii) of HAMA includes widows regardless of when the son died.
  • The Court affirmed that heirs must maintain dependants from estate assets under Section 22 of the Hindu Adoptions and Maintenance Act, 1956.
  • The judgment declared that excluding widows based on the timing of the husband's death would be arbitrary under Article 14 and would undermine dignity under Article 21.
  • The dispute stems from Geeta Sharma’s claim after her husband, Ranjit Sharma, died in March 2023 following the December 2021 death of his father, Dr. Mahendra Prasad.
  • Appeals by other heirs were dismissed, and the Family Court has been directed to decide the quantum of maintenance on merits.