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by sayum
14 January 2026 9:43 AM
“A Widow of a Son Is a Dependant — Whether Her Husband Died Before or After the Father-in-law Is Legally Immaterial”, In a significant pronouncement on January 13, 2026, the Supreme Court put to rest a long-standing ambiguity in Hindu family law by holding that a daughter-in-law who becomes a widow after the death of her father-in-law is still legally entitled to claim maintenance from his estate.
Justice Pankaj Mithal, speaking for the Bench, delivered a crystal-clear interpretation of Section 21(vii) and Section 22 of the Hindu Adoptions and Maintenance Act, 1956, affirming that “any widow of his son” includes all widows, regardless of when widowhood occurs.
The Court noted emphatically that,
“It is not open for anyone to infer and assign any other meaning to the said definition so as to say that only a widow of the predeceased son of a Hindu would be covered… The legislature in its wisdom has deliberately avoided to use the word ‘predeceased’ before the ‘son’.”
Rejecting legal arguments that sought to restrict maintenance rights based on the chronology of deaths, the Court declared that such a narrow construction would be both statutorily unfounded and constitutionally invalid.
“Literal Meaning Must Be Honoured — Courts Cannot Rewrite Statutes”: Supreme Court Reaffirms Primacy of Textual Interpretation in Welfare Legislation
Invoking settled canons of statutory construction, the Court ruled that the plain and literal meaning of the statute must prevail. It warned against judicial adventurism, stating:
“The courts cannot add or subtract any word from the text of the statute. The provisions of the statute cannot be re-written by the courts by assuming or inferring something which is not implicit from the plain language.”
Referring to Crawford v. Spooner, the judgment recalled that it is not for judges “to mend and make up deficiencies” or to “fish out” presumed intentions when the language is unequivocal.
The Bench further cautioned that even if literal interpretation results in hardship, the judicial discipline under constitutional separation of powers demands adherence to the words chosen by Parliament:
“Even if a literal interpretation results in hardship or inconvenience, the same cannot be a ground to depart from the plain meaning of the statutory text.”
“Any Interpretation That Denies Support to a Widow Based on Timing Is Constitutionally Offensive”: Supreme Court Grounds Its Ruling in Articles 14 and 21
Going beyond textual interpretation, the Court rooted its judgment firmly in constitutional values. It held that any interpretation of the Act that excludes widows based on when they became widows would violate the equality clause under Article 14.
“The classification sought to be made between widowed daughters-in-law based solely on the timing of the husband’s death… is manifestly unreasonable and arbitrary,” the Court declared.
Drawing from Article 21, the Bench warned that denying a widow sustenance from the estate of her father-in-law merely because her husband died later would be tantamount to denying her the right to life with dignity:
“Denying maintenance to a widowed daughter-in-law… would expose her to destitution and social marginalization, thereby offending her fundamental right to live with dignity.”
“Pious Obligation to Maintain Survives Death”: Supreme Court Clarifies Section 22 Is Triggered Upon Father-in-law’s Demise
The Court harmonized the distinction between Section 19 and Section 22 of the Act, clarifying that while Section 19 imposes a duty on a living father-in-law to maintain his widowed daughter-in-law, it is Section 22 that creates a posthumous obligation on his estate.
It observed that a widowed daughter-in-law may raise a claim for maintenance after the father-in-law’s death, provided she is unable to maintain herself from her husband’s estate or her children.
“Section 22 contemplates ‘maintenance of dependants’… from the estate of her father-in-law… a claim under Section 22 can be raised only after the death of the father-in-law,” the judgment explained.
It underscored that the heirs who inherit from the deceased carry a statutory obligation to maintain the dependants from the share they receive, stating:
“Anyone succeeding to the estate of the deceased Hindu is under an obligation to maintain the dependant of the deceased.”
“No Widow Deserves To Be Forsaken”: Court Cites Manu Smriti To Reinforce Moral Duty of Support
In a rare invocation of ancient Hindu legal texts, the Court cited Manu Smriti, Chapter 8, Verse 389, to underline the moral foundation of the law:
“No mother, no father, no wife, and no son deserves to be forsaken. A person who abandons these blameless relatives should be fined…”
This ethical anchoring reinforced the Court’s view that the law reflects not only a legal mandate but also a moral imperative to protect women left without spousal support.
“A Clear Definition Cannot Be Compromised By Technical Excuses”: Supreme Court Upholds High Court's View on Maintainability
Upholding the High Court’s finding that the petition for maintenance filed by Geeta Sharma, the widow of Ranjit Sharma, was maintainable, the Supreme Court dismissed the appeals filed by Kanchana Rai and Uma Devi, observing:
“No illegality has been committed by the High Court… The appeals as such lack merits and are dismissed.”
The Court directed the Family Court to now decide the matter on quantum of maintenance, thus restoring to the respondent her statutory remedy as a recognised dependant.
The Supreme Court has now authoritatively settled the question: widowhood is not a race against the death of one’s father-in-law. A daughter-in-law who becomes a widow after her father-in-law’s demise is equally a dependant under law, entitled to maintenance from the estate if she cannot sustain herself otherwise.
This judgment is not merely an interpretation of statutory text—it is a reaffirmation of constitutional empathy, social justice, and moral responsibility, woven together into the legislative framework of Hindu law.
Date of Decision: January 13, 2026
