Can a widowed daughter‑in‑law claim maintenance from her father‑in‑law’s estate? Supreme Court clarifies

In a recent judgement, the Supreme Court of India held that a daughter-in-law who becomes a widow after the death of her father-in-law is entitled to claim maintenance from his estate under the Hindu Adoptions and Maintenance Act, 1956.

The apex court's Bench comprising Justice Pankaj Mithal and Justice S.V.N. Bhatti passed the above judgement on January 13, 2026 while dismissing a batch of civil appeals

In this case, the apex court examined the following legal issue:

The top court said that “any widow of the son” of a deceased Hindu is a dependant within the meaning of Section 21 (vii) of the Hindu Adoptions and Maintenance Act, 1956 and is entitled to claim maintenance under Section 22 of the Act.

Key observations

"The classification sought to be made between widowed daughters-in-law based solely on the timing of the husband’s death, namely, (a) those whose husbands died during the lifetime of the father-in-law, and (b) those whose husbands died after him; is manifestly unreasonable and arbitrary. Such a classification bears no rational nexus with the object and purpose of the Act, which is to secure maintenance to dependants who are unable to maintain themselves."

"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. 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."

"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 marginalization, thereby offending her fundamental right to live with dignity."

"Section 4 of the Act has an overriding effect, but it does not erase away fundamental principles of Hindu law, particularly where some doubt is raised about the codified provisions."

"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 the above 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."

"Section 19 of the Act provides for the maintenance of “widowed daughter-in-law” of the deceased Hindu. It simply contemplates that a Hindu wife is entitled to be maintained after the death of her husband by her father-in-law. Thus, it casts an obligation upon the father-in-law to maintain his daughter-in-law. The said obligation subsists only during the lifetime of the father-in-law as the aforesaid provision nowhere contemplates that the daughter-in-law would be entitled to maintenance from the estate of the father-in-law.

"Section 19 contemplates for the maintenance of the daughter-in-law during the lifetime of father-in-law, whereas, Section 22 contemplates “maintenance of dependants” including “widowed daughter-in-law” from the estate of her father-in-law, meaning thereby that a claim under Section 22 can be raised only after the death of the father-in-law.

"Section 22 of the Act provides for the maintenance of dependants and casts 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.

"In simpler words, all the heirs of the deceased Hindu are obliged to maintain the dependants of the deceased from the funds inherited out of the estate of the deceased.

"Sub-section (2) of Section 22 further provides that where a dependant of the deceased Hindu has not obtained share in the estate of the Hindu either by testamentary or intestate succession, such a dependant shall be entitled to maintenance from those who take the estate. Therefore, anyone succeeding to the estate of the deceased Hindu is under an obligation to maintain the dependant of the deceased."

5 key points from the Supreme Court judgment