When a Hindu Wife is entitled to Claim Mainte­nance from her Husband under the Hindu Adop­tion and Mainte­nance Act?

This right of a Hindu widow to claim maintenance from her father-in-law cannot be enforced if the father-in-law does not have the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share. Further, his obligation ceases, in all cases, when the daughter-in-law re-marries.

It has been held that if the father-in-law is in possession of self- acquired as well as ancestral property, and the income from the self- acquired property is sufficient for maintaining him and his wife, in considering the claim of the widowed daughter-in-law for maintenance out of the ancestral property, the income of the self- acquired property cannot be ignored. (Jal Kaur v. Pala Singh, I.C.R: (1961) 2 Punj. 151)

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Like the previous Section, this Section too must be read with S. 23, which lays down that it shall be in the discretion of the Court to decide whether any, and if so, what maintenance shall be awarded under the provisions of this Act.

S. 19 has also to be read with S. 22, which relates to the rights of the dependents of a deceased person to claim maintenance from heirs who have inherited the estate.

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