A division bench of Punjab and Haryana High Court, relying on Vimalben, held as follows,
In the case of Vimalben Ajitbhai Patel (Supra), the Supreme Court has held that “maintenance of a married wife, during subsistence of marriage, is on the husband. It is a personal obligation. The obligation tomaintain a daughter-in-law arises only when the husband has died. Such an objection can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband has a share in the property. The property in the name of the mother-in-law canneither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife can be directed to beenforced against such property”. While referring to Section 4 of the Act, the Supreme Court has further held that “Section 4 provides for a non obstanteclause. In terms of the said provision itself any obligation on the part of in-laws in terms of any text, rule or interpretation of Hindu Law or any customor usage as part of law before the commencement of the Act, are no longer valid. In view of the non obstante clause contained in Section 4, theprovisions of the Act alone are applicable. Sections 18 and 19 prescribe the statutory liabilities in regard to maintenance of wife by her husband andonly on his death upon the father-in-law, Mother-in-law, thus, cannot be fastened with any legal liability to maintain her daughter-in-law from herown property or otherwise”.
But subsequently in same page,
Satpal Vs Suman and Ors on 31 May 2019Insofar as awarding maintenance under Sections 21 and 22 of the Act is concerned, this Court while delivering a judgment in the case of “Nachhattar Singh Vs. Satinder Kaur and others” 2007(4) RCR (Civil) 826 has held that the father-in-law is liable to maintain grandchildren if they are unable to maintain themselves and the income of their mother/father is inadequate for their maintenance.
Thus in view thereof, we are of the considered opinion that both the minor children, who are the grandchildren of the appellant-Satpal, have rightly been awarded the amount of maintenance.
Index of judgments under HAMA 1956 are here.