Widowed daughter-in-law can’t claim maintenance from father -in-law if she had sufficient means
Dhanna Sahu v. Smt. Sitabai Sahu
FA (MAT) 74/2023
Before High Court of Chhattisgarh at Bilaspur
On 08.11.2023 the Division Bench of Hon’ble Mr. Justice Goutam Bhaduri J & Hon’ble Mr. Justice Deepak Kumar Tiwari J allowed the First Appeal of the Appellant father-in-law and set aside the order of the Family Court allowing maintenance to the Respondent Daughter-in-law.
As the daughter in law in proceeding for custody of child had averred that she had sufficient means to maintain herself and her children and in subsequent proceeding for maintenance she averred vice-versa.
Background
This is an Appeal against the judgment dated 8.2.2023 passed by the Judge, Family Court, Bemetara in on the application filed by the daughter-in-law – Sitabai Sahu against her father-in-law claiming maintenance and Family Court allowed her application directed Father-in-law-appellant to pay an amount of Rs.1500/-.
Sitabai was married to Virendra Sahu Son of Dhanna Sahu-the appellant. Out of the wedlock the respondent had two children.
Virendra Sahu died in harness on 28.08.2021.
Children were kept in the custody of the appellant-father-in-law.
It was submitted that father-in-law was an affluent person whereas daughter-in law was unable to maintain herself.
Before family court appellant opposed the application respondent daughter in law on the ground that daughter in law has sufficient means to maintain herself.
No document was produced by the respondent before the family court that she was unable to maintain herself from the estate of his husband and her parents.
Submission of the Counsel of the Appellant
Daughter in law has filed application prior to application of maintenance.
In application for custody of children she had submitted that she had enough means to maintain her children.
The statement of the daughter in law can’t be ignored.
Submission of the Counsel of the Respondent
The statement made in the prior proceeding cannot be agitated time and again in the subsequent proceeding.
The position of the parties is to be evaluated in the subsequent adjudication.
The findings arrived at by the family Court is on merit & do not call for any interference
Observation of the High Court
Maintenance to the widowed daughter-in-law is governed by the Hindu Adoption & Maintenance Act.
Accordingly, maintenance can be allowed when and to the extent the daughter-in-law is unable to maintain herself out of her own earnings or other property or, where she has no property of her own and is unable to obtain maintenance, from the estate of her husband or her father or mother.
In Custody of Children proceeding before the Family Court she has deposed that she wants to keep the children with her, as she is doing the private job and she has sufficient income and her parental part i.e. father and mother have also sufficient means.
When this statement of the Respondent was confronted in cross examination, she admitted that she had made such statement in her application for custody of her children.
Maintenance from father-in-law can be claimed when daughter-in law is unable to maintain herself.
There is contradiction in the statement of the respondent. In one proceeding for custody of child she says she has sufficient means and in other proceeding for maintenance she alleges that she has no means to maintain herself.
The respondent admitted that her parents had sufficient means to maintain her.
The statement itself made by the respondent cut across the requirement which is mandatory under Section 19 of the Act of 1956.
Order
In view of the statement made by the Respondent in the proceeding for custody of child that she has sufficient means to maintain herself and her children, the order of the Family Court is set aside and the present appeal is allowed.
Seema Bhatnagar
