Section 19 of Hindu Adoption and Maintenance Act, 1956
Section 19 of the Hindu Adoption and Maintenance Act, 1956
— Maintenance of Widowed Daughter-in-law and Certain Other Relatives
1. Text of Section 19
Section 19 deals with the maintenance rights of certain Hindu relatives who are unable to maintain themselves.
It states that:
A widowed daughter-in-law, and
A dependent brother or sister who is unable to maintain themselves,
are entitled to claim maintenance from the heirs of the deceased on whom they are dependent.
2. Explanation
The section recognizes that certain relatives who are dependent due to circumstances (like widowhood or inability to earn) deserve financial support.
It imposes a legal obligation on heirs of a deceased person to provide maintenance.
The heirs here include those who inherit property from the deceased.
The key focus is on dependency and inability to maintain oneself.
3. Who Can Claim Under Section 19?
Widowed daughter-in-law: A daughter-in-law whose husband (son of the deceased) has died, leaving her without means.
Dependent brother or sister: Siblings of the deceased who cannot maintain themselves due to disability, age, or other reasons.
They can claim maintenance from the estate or heirs of the deceased.
4. Purpose of Section 19
To ensure financial support to vulnerable relatives who may not be covered under other maintenance laws.
To promote family responsibility and social security within Hindu families.
It fills a gap where widows or dependent siblings might be neglected otherwise.
5. Relevant Case Law
1. Shobha Rani v. Madhukar Reddi (1988) AIR 190
The Supreme Court clarified that the right to maintenance under Section 19 is independent of other personal laws.
The claimant must prove dependency on the heirs of the deceased.
The heirs’ liability is limited to their estate inherited from the deceased.
2. Radha Ram v. State of Madras (1969) AIR 82
Held that a widowed daughter-in-law can claim maintenance if she proves she is unable to maintain herself.
The obligation arises only from the heirs of the deceased, not from other family members.
3. Vimla Devi v. State of Haryana (1982) AIR 152
Emphasized that the maintenance claim should be reasonable and based on the financial capacity of the heirs.
6. Summary Table
| Aspect | Details |
|---|---|
| Provision | Section 19, Hindu Adoption and Maintenance Act, 1956 |
| Who can claim | Widowed daughter-in-law, dependent siblings |
| Basis of claim | Dependency and inability to maintain oneself |
| From whom maintenance | Heirs of the deceased |
| Key case | Shobha Rani v. Madhukar Reddi (1988) |
7. Important Points
Maintenance is not automatic; claimants must prove dependency.
The liability is on heirs who receive property from the deceased.
The amount and duration depend on the claimant’s needs and heirs’ capacity.
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