Maintainability of maintenance petitions in family courts

A maintenance petition filed by a widowed daughter-in-law against the legal heirs inheriting her father-in-law's estate is fully maintainable before the Family Court under the Act. Once the applicant establishes her status as a "widow of a son" under Section 21(vii) and demonstrates an inability to maintain herself, the Family Court possesses statutory jurisdiction to entertain the claim on merits. Dismissing such a petition at the threshold as non-maintainable based on the date of the husband's death constitutes a clear error of law. The Family Court is duty-bound to examine the substantive requirements, including whether the claimant can obtain maintenance from her husband's estate or her children. Dismissal without assessing the financial prerequisites or the extent of the inherited estate prevents the enforcement of statutory welfare rights. High Courts exercising appellate jurisdiction are fully justified in setting aside threshold dismissals and remanding the matter for proper factual adjudication. Therefore, the Family Court must entertain the petition and proceed to determine the maintainability and quantum of maintenance in accordance with law. (Kanchana Rai v. Geeta Sharma & Ors. | 2026 INSC 54)