CHINTAMANI DUMKA Vs. PADMA DEVI AND OTHERS

JUDGEMENT

(1.) The objective of the Hindu Adoption andMaintenance Act, 1956, aimed that to treat the sons anddaughters equally in the matters of succession, their equality instatus is recognized in the matters of adoption, as well as formaintenance, which includes both boys and girls. Under the Act of 1956, word maintenance has been defined under Sub Section(b) of Section 3 of the Act, which reads as under:-

(2.) It means in an event of filing of an application formaintenance, it would be granted subject to satisfying the priorterms and conditions to meet the objective contemplated underSub Section (b) of Section 3 of the Act. The provisions of theAct, encompasses the concept of maintenance and include theprovisions of food, cloth, residence, medical and education.

(3.) Owing the aforesaid backdrop, the respondent in theinstant appeal had filed an application before the Family Courton 13.12.2014, praying for that, she and her three minordaughters, may be granted the benefit under Section 19 r/wSection 22 of the said Act. Section 19 of the Act provides amaintenance of widow daughter-in-law, the proviso attached tothe said provision contemplates that the father-in-law is liable tomaintain to the extent, the widow daughter-in-law is unable tomaintain herself and is without her own earning and otherproperty, hence she is entitle for maintenance from the estate ofher husband or her father or mother and like ways. As perSection 22 of the Hindu Adoption and Maintenance Act, theheirs of deceased Hindu are bound to maintain dependants of thedeceased out of the estate inherited by them from the deceased.