Case Note & Summary
The Supreme Court addressed appeals challenging the maintainability of a maintenance petition filed by a daughter-in-law (Respondent No. 1) against her father-in-law's estate. The Court interpreted Section 21 of the Hindu Adoptions and Maintenance Act, 1956, holding that 'any widow of his son' includes widows regardless of when they became widows. The Court applied literal interpretation principles, finding the provision clear and unambiguous. The High Court's order directing the Family Court to consider maintenance on merits was upheld, and the appeals were dismissed.
Headnote
A. Hindu Adoptions and Maintenance Act, 1956 — Sections 21(vii) & 22 — “Dependant” — Widow of son
B. Daughter-in-law who becomes widow after death of father-in-law — Entitlement to maintenance from father-in-law’s estate — Held, yes
A “widow of a son” under Section 21(vii) includes any widow of the son, irrespective of whether the son died before or after the father-in-law. The statute does not restrict the benefit only to widows of pre-deceased sons. Literal interpretation applies.
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Issue of Consideration: Whether a daughter-in-law, who becomes a widow after the death of her father-in-law, is a dependant upon the estate of the father-in-law and entitled to claim maintenance from his estate.
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Final Decision
The Supreme Court dismissed the appeals -- The High Court's judgment was upheld -- The Family Court was directed to consider the matter on merit and decide quantum of maintenance.
2026 LawText (SC) (01) 50
Civil Appeal Nos. of 2026 (Arising out of SLP(C) Nos. 1544-1545 of 2026), Civil Appeal No. of 2026 (Arising out of SLP(C) No. 1737 of 2026)
PANKAJ MITHAL J. , S.V.N. BHATTI J.
Dr. Abhishek Manu Singhvi and Shri V. Giri, senior counsel appearing for the respective appellants in the two appeals and Shri Vikas Singh, senior counsel for the contesting respondents
Geeta Sharma & Ors.
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Nature of Litigation: Civil appeals challenging maintainability of maintenance petition under Hindu Adoptions and Maintenance Act, 1956
Remedy Sought
Appellants sought to set aside High Court order that found maintenance petition maintainable
Filing Reason
Appellants contested Respondent No. 1's right to claim maintenance from father-in-law's estate
Previous Decisions
Family Court dismissed maintenance petition as not maintainable -- High Court set aside Family Court order and found petition maintainable
Issues
Whether a daughter-in-law who becomes a widow after her father-in-law's death is a dependant entitled to maintenance from his estate under Hindu Adoptions and Maintenance Act, 1956.
Submissions/Arguments
Appellants argued Respondent No. 1 was not a widow at time of father-in-law's death and thus not a dependant -- Respondent No. 1 claimed status as widow of son made her a dependant under Section 21
Ratio Decidendi
Section 21 of Hindu Adoptions and Maintenance Act, 1956 defines any widow of his son as a dependant without qualification regarding when she became a widow -- The provision is clear and unambiguous, requiring literal interpretation -- The time of becoming a widow is immaterial for dependency status.
Judgment Excerpts
any widow of his son' would be a dependant provided she is unable to maintain herself from her husband's estate
The aforesaid definition nowhere uses the word widow of a predeceased son.
The time of her becoming a widow or the death of the son is immaterial.
It is a cardinal principle of interpretation of law that where the provision is clear and unambiguous, it has to be interpreted literally
Procedural History
Respondent No. 1 filed maintenance petition before Family Court -- Family Court dismissed petition as not maintainable -- High Court set aside Family Court order and found petition maintainable -- Supreme Court granted leave and heard appeals
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