Right to maintenance of Hindu widow not a mere formality #indianlaws

Supreme Court has held that, in whatever form a limited interest is created in favour of a Hindu widow, having a pre-existing right of maintenance, the said rights become an absolute right by the operation of Section 14(1) of the Hindu Succession Act.

The Supreme Court while disposing the present issue made following observations on settled legal position under the Hindu Law:

• Husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.
• Claim of Hindu widow to be maintained is not a mere formality which is to be exercised as a matter of concession, grace or gratis but is a valuable, spiritual and moral right.
• The right of a widow to be maintained, although does not create a charge on the property of her husband but certainly the widow can enforce her right by moving the Court and for passing a decree for maintenance by creating a charge.

Supreme Court affirmed the view taken by High Court in the impugned judgment under challenge whereby High Court while interpreting the provisions of Section 14 of the Hindu Succession Act, 1956 (‘Act’) held that the widow of the deceased acquired an absolute interest in the property by the operation of Section 14 of the Act.

The Supreme Court while disposing the present issue made following observations on settled legal position under the Hindu Law:

• Husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.
• Claim of Hindu widow to be maintained is not a mere formality which is to be exercised as a matter of concession, grace or gratis but is a valuable, spiritual and moral right.
• The right of a widow to be maintained, although does not create a charge on the property of her husband but certainly the widow can enforce her right by moving the Court and for passing a decree for maintenance by creating a charge.

It was held that in whatever form a limited interest is created in favour of a Hindu widow, having a pre-existing right of maintenance, the said rights become an absolute right by the operation of Section 14(1) of the Hindu Succession Act.

[Jupudy Pardha Sarathy vs. Pentapati Rama Krishna & Ors.]

(SC, 06.11.2015)

Civil Appeal No. 375 of 2007