Maintenance
kavita.sharma
(Querist) 21 September 2011
This query is : Resolved
dear mmbrs
pls ans my doubt
a hindu widow can claim maintenance u/s 18 and u/s 21.what difference lies in both case.
kavita.sharma
(Querist) 21 September 2011
under sections of hindu adoptions and maintenance act.
Shonee Kapoor
(Expert) 21 September 2011
Widow can not claim maintenance u/s 18 of HAMA, she can claim it u/s 19 from her father-in-law till she remarries.
Section 21 just defines dependents on a person.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
kavita.sharma
(Querist) 21 September 2011
dear expers
my doubt is still incomplte as at both places she claims from one person father in law.what diffrn there is
R.Ramachandran
(Expert) 21 September 2011
Dear Ms. Kavita,
Your doubt will continue to remain, unless you try to concentrate on the legal text and the provisions contained therein.
If only you can properly go through, Section 18 of the HAMA deals with the rights of the wife to be maintained by her husband. Thus, the provision pre-supposes the existence of the husband. Section 18 does not talk about the maintenance of a wife of a person, by her father-in-law.
Whereas Section 19 of HAMA, provides for the maintenance of a widowed daughter-in-law by her father-in-law, subject to the attendant conditions. This pre-supposes, the precondition of the non-existence of the husband of the daughter-in-law in question. Unlike in the case of Section 18 where the husband is liable to maintain the wife, Section 19 talks about the liability of the father-in-law to take care the maintenance of his widowed-daughter-in-law.
I hope, now you will be out of your doubt and misconception that at both the places she is claiming from one person i.e. her father-in-law.
R.Ramachandran
(Expert) 21 September 2011
Further more, Section 21 only defines who are the "dependents". The Section 21 itself does not provide for any maintenance.
kavita.sharma
(Querist) 21 September 2011
ok in section 21 she is survived by whom sothat she is claiming maintenance as dependent in clause vi of section 21(1)..by whom she is provided maintenance in sec 21.i hope u consider my point mr ramchandaran being ld member
R.Ramachandran
(Expert) 21 September 2011
While Sec. 21 enumerates the persons who are to be considered as "dependants" to a deceased male or female Hindu, Sec. 22 states that the heirs of the deceased male or female are bound to maintain the dependants from out of the estate inherited by them from the deceased and provides certiain guidelines for the said purpose.
The persons (it may be son, daughter, father-in-law, brother-in-law etc.) whoever received the estate of the deceased, either by way of inheritance, or gift, or through WILL have to maintain the dependants of the deceased. If that dependant happened to be the widow of the deceased, yes she has to be maintained. If there are more than one person who received the estate of the deceased, then all them have to contribute proportionately to maintain the dependent of the deceased. Thus, the responsibility will not be that of the father-in-law alone.
kavita.sharma
(Querist) 21 September 2011
thats the diffrence..thank very much sir
Raj Kumar Makkad
(Expert) 21 September 2011
I completely agree with the detailed reply of otherwise academic discussion given by Ramachandran sir.
kavita.sharma
(Querist) 21 September 2011
pls tell me one more acedemic discussion queston...what is diffrence between muhammdan law and muslim law..this question also doubtful to me raj kumar sir
Koumarish Bhattacharya
(Expert) 21 September 2011
Both are actually the same and the difference is only linguistic. However, some people think that the Muslim Law denotes to the uncodified Shariyati Muslim Law whereas Mohammadan Law is its codified counterpart.
kavita.sharma
(Querist) 21 September 2011
mohammadan law is applied in india where as muslim or islamic law is applied all over world
