Right of a married Hindu woman to claim maintenance from her father-in-law in event of husband’s incapacity: Law Commission of India expected to submit its report to the Law Ministry next week

Is a married woman in a joint Hindu family entitled to maintenance from her father-in-law in case her husband has failed to maintain her owing to his becoming incapacitated due to physical disability or mental disorder? 

This was the puzzling legal question which arose for consideration before the Punjab and Haryana High Court in February 2014 during the hearing of a case, which led to its directing the Law Commission of India to prepare a report on the interesting issue which has manifold implications. 

It is now learnt that the Law Commission of India has prepared a report on this grey area in the existing law. 

Justice A.P. Shah, Chairman, Law Commission of India

The Commission is likely to submit its report to the Union Law & Justice ministry next week on the issue and recommend an appropriate amendment to the Hindu Adoption and Maintenance Act (HAMA) 1956 to recognize the claim of the daughter-in-law to claim maintenance from the father-in-law as the head of the Hindu Undivided Family (HUF), if her husband is incapacitated due to disability which prevents him from maintaining her. 

Last February, when dealing with a case – Avtar Singh vs Jasbir Singh – the Punjab and Haryana High Court had taken note of the legal obligation of the father-in-law to provide maintenance to the daughter-in-law in case of the son's disability.

In its judgment the High Court had said: "The law is silent on whether a daughter-in-law, who does not have any source of maintenance, can claim maintenance if her husband is insane or of unsound mind. When she has to maintain her mentally-ill husband, her condition is worse than being a widowed daughter-in-law. In such a situation, the wife should be deemed to be dependent on the father-in-law and entitled to maintenance as provided under section 19 of the HAM Act."

The High Court was hearing the plea of a woman, whose husband was of unsound mind, seeking share of the HUF property for her maintenance. Although through a Panchayat settlement she had been given her share, subsequently her father-in-law had dispossessed her of the property.