Section 19 of the Hindu Adoptions and Maintenance Act, a widow's minor children are entitled to maintenance- Punjab & Haryana High Court

07 May 2024 8:19 AM

By: Admin

The Punjab and Haryana High Court, a "widow" for the purposes of receiving maintenance from her father-in-law under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, includes any minor grandchildren who are living with her.

Thus, it declined to intervene in a revision petition filed in opposition to a Family Court ruling awarding maintenance pendente lite of Rs 2000 to each of the petitioner's three grandchildren (father-in-law). The argument for the challenge was that, although the widow daughter-in-law is entitled to apply for maintenance under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, there is no provision for providing maintenance to the grandchildren.

When addressing the petition, Justice Anil Kshetarpal's bench thought it was important to recognise the purpose of the Hindu Adoptions and Maintenance Act, 1956, and made the following observation: "The 1956 Act is a helpful piece of legislation that was passed to help the poor daughter-in-law who, due to unfavourable circumstances, becomes a widow. The term "widow" might also refer to the young grandchildren who remain with their mother ".

As a result, it rejected the plea.

Hari Ram Hans

Smt Deepali & Ors.