125cr.p.c.

Advocate Rajiv Mishra (Querist) 04 November 2011 This query is : Resolved
Can a widow daughter in law seek maintinance from her father in law u/s125 Cr.P.C.?

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Shonee Kapoor (Expert) 04 November 2011
No Try HAMA (Hindu Adoption and Maintenance Act)

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate Rajiv Mishra (Querist) 04 November 2011
thanks 4 rep, Kindly quote sec. if possible.

Ravikant Soni (Expert) 05 November 2011
It is Section 18 of Hindu adoption and maintenance Act.

Shailesh Kumar Shah (Expert) 05 November 2011
Shri Ravikant Soni,

Query about 'widow' daughter-in-law. please review.

Shailesh Kumar Shah (Expert) 05 November 2011
It is section 19 of Hindu adoption and maintenance Act.

prabhakar singh (Expert) 05 November 2011
19 Maintenance of Widowed daughter-in-law
(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law.
PROVIDED and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance -
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
(2) Any obligation under sub-section (1) shall not be enforceable if the father- in- law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the re-marriage of the daughter-in-law.
COMMENTS
Liability of the father-in-law comes to an end where the widow is remarried or she has obtained a share in the coparcenery properties while partition. But her right to share in the separate property of her husband or in his interest in coparcenery property cannot be divested.-Animuthu v. Gandhimmal 1977 HLR 628.