In a report submitted to the law ministry last week, the commission said: "It necessary that the right of a Hindu woman, whose husband is unable to provide maintenance to her, must be protected and, accordingly, recommends insertion of sub-section 4 under Section 18," the law commission said.
Section 18 (4) proposes that "where the husband is unable to provide for his wife, on account of physical disability, mental disorder, disappearance, renunciation of the world by entering any religious order or other similar reasons, the Hindu wife is entitled to claim maintenance during her lifetime, from members of the joint Hindu family of the husband, except where the husband has received his share in the joint family property."
Law panel chairman Justice A P Shah said there is sufficient basis in classical Hindu law to cast a legal obligation on the father-in-law to maintain the daughter-in-law, when the husband of the latter is unable to do so. "This lends support to the legislative amendment proposed by the commission that seeks to spell out in the law, the father-in-law's obligation to pay maintenance to the daughter-in-law," he added.
The law panel was referred a judgment of the Punjab and Haryana high court, while passing its order dated February 11, 2014 for taking appropriate measures for amending the Hindu Adoptions and Maintenance Act on the admissibility of maintenance to a women, whose husband is unable to maintain her.
The commission undertook an extensive study of the subject and analyzed all the pertinent laws in this regard, including the provisions of the Hindu Adoptions and Maintenance Act and also the classic Hindu law. After the detailed analyses, the commission has put forward its recommendations in the form of a report.
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