Can a issue less widow claim maintenance from father-in-law

TEJASWINI N S (Querist) 21 January 2015 This query is : Resolved
PLz do answer to my query , if possible kindly mention citations for reference

A widow having lived 12 years of married life has no issues ( children). Father in law has forced her to sign relinquishment deed about the property in which her husband was having share.

Now, this widow, having no means of income , want to claim maintenance from her father in law???

Follow Query

Report Abuse

Guest (Expert) 21 January 2015
File a Police Complaint regarding Forceful Signatures in Relinquishment Deed and Obtain a Stay regarding any sale of property.Consult a Local Good Advocate and Proceed.Also Free local Legal Aid Forums are available in all Courts and in some courts you could find Women's Free Legal Aids Forums also.Contact them.For any doubts Post here for any Clarifications.

Devajyoti Barman (Expert) 21 January 2015
Widow has no right of maintenance from FIL under the current provision of section u/s 125 crpc.
Keeping this anomaly in law, the Law Commission has recently recommended to make In laws liable for maintenance of the widow which is yet to take effect by way of amendment of existing law.
However under section 19 of the Hindu Adoption and Maintenance Act which is a civil proceeding the FIL is liable.

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.

Rajendra K Goyal (Expert) 22 January 2015
Well advised, agree with the expert Devajyoti Barman.

ajay sethi (Expert) 22 January 2015
widow can claim under section 19 of Hindu adoption and maintenance act

TEJASWINI N S (Querist) 22 January 2015
thank you very much ... and special thanks to sir devajyoti barman.

Thank u all .

Nadeem Qureshi (Expert) 22 January 2015
Dear Querist
the DIL may claim the maintenance from her Father-in-law as per section 19 of Hindu Adoption and Maintenance act-1956 read with amended act-2010.

as advised by Mr. Barman