Section 19 provide that after the death of her husband, a Hindu wife is entitled to be maintained by her father-in-law. It is immaterial whether such a woman had married before or after the commencement of this Act. Further, she can exercise this right only if she is unable to maintain herself out of her own earnings or other property, or in cases where she has no property of her own, is unable to obtain maintenance:
(a) Out of the estate of her husband or her father or her mother; or
(b) From her son or daughter or his or her estate.
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ADVERTISEMENTS:
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)
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.
ADVERTISEMENTS:
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.