The doctrine of what is called maintenance plays an important part in
the Hindu law, and, as we shall see, it modifies considerably the rigour
of the Hindu law in excluding from the succession females or persons
suffering from mental or bodily infirmity. The right of maintenance
under the Hindu law is the right which certain persons have to be
maintained out of property which is not their own. The persons who in
certain circumstances have this right are sons, widows, parents and
unmarried daughters and sisters. The claim of the widow arises at the
death of her husband; of a child at the death of its parent, and so
forth. The claim is not for a bare subsistence only, but to such a
provision as is suitable to the claimant having regard to his or her
position in life. Of course the sons are generally heirs, and an heir
can have no claim to maintenance; but a son excluded by any mental or
bodily defect would have a right to maintenance. The girls are generally
married in infancy, and after marriage they have no claim to maintenance
from their own family. The most frequent claim is by the widow; and it
is a very important one, because she can sometimes, through the
assertion of this claim, put herself almost in the position of an heir.
If a Hindu under the Dayabhaga dies leaving sons and a widow, the widow
is entitled to maintenance, and whilst the family remains joint she can
claim to be suitably maintained, in the family if she remains in her
husband's house, or out of it if she goes elsewhere. But if a partition
takes place she is entitled to have a share equal to that of the sons
set aside for her use. She can even, if she thinks that the sons do not
treat her properly, apply to the court to compel the sons to give her a
separate share. This, of course, gives her a very strong position.
Whether in a Mitacshara joint family the widow enjoying maintenance can
in any case claim a share on partition is doubtful.
Women's property.
Public-domain text, read in full here on John Shaqi.
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