News- In Kanchana Rai v. Geeta Sharma & Ors., the Supreme Court clarified maintenance rights of widowed daughters-in-law under the Hindu Adoptions and Maintenance Act, 1956.
About Rights of widowed daughters-in-law under the Hindu Adoptions and Maintenance Act, 1956 (HAMA)
The Act recognises a widowed daughter-in-law as a dependant who can claim maintenance from her deceased father-in-law’s estate.
Key points
- Definition of dependant: The Court held that the expression “any widow of his son” in Section 21(vii) of HAMA is clear and covers all widowed daughters-in-law.
- No distinction based on timing: The Court ruled that the timing of the son’s death, whether before or after the father-in-law, is immaterial for claiming maintenance.
- Duty of heirs: Under Section 22 of HAMA, heirs who inherit the estate of a deceased Hindu are legally bound to maintain all dependants from that estate.
- Article 14 of the Constitution: The Court observed that denying maintenance based on timing of widowhood is arbitrary and violates the right to equality.
- Article 21 of the Constitution: The Court held that denial of maintenance would expose widowed women to destitution and social marginalisation, offending the right to life with dignity.
- Reference to Manusmriti and moral obligation: The Court explicitly referred to the Manusmriti to underline the moral duty to maintain dependants and linked statutory interpretation with ethical responsibility.
About Hindu Adoptions and Maintenance Act, 1956 (HAMA)
The Act codifies the law relating to adoption and maintenance among Hindus, Buddhists, Jains, and Sikhs.
It was enacted in 1956 to replace diverse customary practices with a uniform legal framework.
