Widowed daughter-in-law entitled to seek maintenance from estate of father-in-law: Supreme Court

New Delhi: The Supreme Court has held a widowed daughter-in-law is entitled to seek maintenance from the estate of her deceased father-in-law under the Hindu Adoptions & Maintenance Act, 1956.

A bench of Justices Pankaj Mithal and S V N Bhatti termed as manifestly unreasonable and arbitrary a classification sought to be made between widowed daughters-in-law based solely on the timing of the husband’s death, namely, those whose husbands died during the lifetime of the father-in-law, and those whose husbands died after him.

The court noted in both situations, the women are similarly situated in so far as the object of the Act is concerned, having suffered widowhood, being without spousal support, and facing comparable financial vulnerability.

So, it said, "Denial of maintenance to one category based on a fortuitous circumstance beyond their control is manifestly arbitrary and violative of the guarantee of equality before law under Article 14 of the Constitution."

The court also held, any other interpretation of the legal provisions would also infringe upon Article 21 of the Constitution, which guaranteed the right to life with dignity.

"The right to life has been judicially expanded to include the right to livelihood and basic sustenance. Denying maintenance to a widowed daughter-in-law from the estate of her deceased father-in-law on a narrow or technical construction of the statute would expose her to destitution and social marginalisation, thereby offending her fundamental right to live with dignity," the bench said.

The court declared that the provisions of the Act must, therefore, be read purposively and in conformity with constitutional values, so as to advance social justice and protect the dignity of vulnerable dependants rather than defeat it.

On civil appeals filed by Kanchana Rai and Uma Devi, the bench upheld the HC's order, which found the petition filed by respondent no.1, who is a widow of the son of the deceased, to be maintainable and directed the family court to consider her plea on merits in accordance with law.

In its judgment on January 13, 2026, the court considered the legal issue whether a daughter-in-law, who becomes a widow after the death of her father-in-law, is a dependant upon the estate of the father-in-law, and entitled to claim maintenance from his estate.

Under the law, the court pointed out, a son or the legal heirs are bound to maintain all the dependant persons out of estate inherited i.e. all persons whom the deceased was legally and morally bound to maintain.

"Therefore, on the death of son, it is the pious obligation of the father-in-law to maintain widowed daughter-in-law, if she is unable to maintain herself either on her own or through the property left behind by the deceased son. The Act does not envisage to rule out this obligation of the father-in-law to maintain his widowed daughter-in-law, irrespective of the fact when she became a widow whether prior or after his death,'' the bench said.

Under Section 21 of the Act, the court said, that the relatives of the deceased namely, “any widow of his son” would be a dependant provided she is unable to maintain herself from her husband’s estate or from her son or her daughter’s estate and in the case of grandson’s widow, from her father-in-law’s estate.

It pointed out, Section 22 of the Act provided for the maintenance of dependants and cast an obligation upon all the heirs of the deceased Hindu to maintain the dependants of the deceased out of the estate inherited by them from the deceased.

"We are clearly of the opinion that “any widow of the son” of a deceased Hindu is a dependant within the meaning of Section 21 (vii) of the Act and is entitled to claim maintenance under Section 22 of the Act," the bench said.

The court cited a verse from the 'Manu Smriti', which stated, "no mother, no father, no wife, and no son deserves to be forsaken", thus stressing the duty of the family head to support female family members.