New Delhi. The Supreme Court has given relief to the widowed daughter-in-law by mentioning Manusmriti in one of its important decisions. The Court said that Manusmriti clearly mentions that mother, father, wife and son should never be abandoned and the person doing so should be punished. On the basis of this principle, the court held that the widowed daughter-in-law has the right to maintenance from her father-in-law’s property. The issue was that if the daughter-in-law becomes a widow during the lifetime of her father-in-law, she can get maintenance, but if she becomes a widow after the death of her father-in-law, will she get this right?
According to the media report, it was argued on behalf of the petitioner that after the death of the father-in-law, the widowed daughter-in-law has no right to maintenance. The Supreme Court bench of Justice Pankaj Mittal and Justice SVN Bhatti completely rejected this argument. The Court said that discriminating between widowed daughters-in-law on the basis of time of husband’s death is completely irrational and unconstitutional. In both the circumstances, whether the daughter-in-law is widowed during her father-in-law’s life or after his death, she has full right to maintenance.
The Court clarified that this provision provides for the maintenance of the dependents of the deceased Hindu. It is the duty of all the heirs of the deceased to maintain his dependents, including his widowed daughter-in-law. The bench said that the son or the legal heir is bound to provide property support to all the dependent persons who are legally and morally responsible for the maintenance of the deceased, hence on the death of the son, it becomes the religious and moral responsibility of the father-in-law to maintain his widowed daughter-in-law. Provided that the widowed daughter-in-law cannot support herself on the property left by her or the deceased son.
The Court said that the Act does not limit or eliminate this responsibility in any way, whether the daughter-in-law is widowed during the lifetime of the father-in-law or after his death. Denying maintenance to the widowed daughter-in-law, based on narrow or technical interpretation of the law, will push her into poverty, helplessness and social marginalization. This will pose a serious threat to the dignity and safety of women. This decision is believed to strengthen the rights of widowed women in Hindu families. With this, widowed daughters-in-law have now got clear legal protection for their maintenance from the property inherited by their father-in-law.