respected members my query is that-

1.That a widow have 2 male children both are married and living seperately, one son died.

2.That is widow is liable to get maintanace under 125 crpc from her widow daughter in law?

pls reply and suggest citation in support

The widow is not entitled to claim any maintainance from her widowed daughter in law. However, she can claim maintainance from her son who is alive.

No not entitled - but in one exceptional case - where the widowed daughter in law - got compassionate appointment on her husband's death - the Mother in Law was allowed to take from the DIL. 

Agreed to Bharat.

The case was this;

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
CRIMINAL REVISION APPLICATION NO.86 OF 2007.
Smt. Saroj W/O Govind Mukkawar vs Smt. Chandrakalabai Polshetwar on 6 March, 2009
Bench: S. S. Shinde
Date of decision : 06th MARCH, 2009.

I am afraid whether the above mentioned judgment will be applicable to the facts mentioned by the querist...., because in the above judgment, the MIL had only one son who had died and further the DIL had obtained the job by giving an undertaking that she will support the MIL, whereas here the MIL have other living son from whom she can very well claim maintainance.

I agree with Adv. Archana. The judgment referred above, in my opinion, does not apply to the facts of the case mentioned by Anish. When one of the sons of the mother is still alive, she cannot be allowed to claim maintenance from the widow of another son. When s. 125 Cr.P.C expressly casts the duty on the shoulders of the son to maintain his parents, the living son should be made liable to maintain the mother.

Sec 19 of the HAMA makes her eligible to be supported by the (I)  by the   ":estate" oher late son. (ii) by the second son.

The  impugned  "mother  in law " is also the widowed   daughter in law  in her late husband's family. Is her Father in law alive? Did she get the interest of her late husband in the Cpoarcenary property share of her inheritance./inheritance

As a widowed daughter in law she became eligible for maintanence from her father  in law

provided that her share of inheritance was inadequate and that her own father and mother had no earning/property to maintain her then the responsibility falls ell on her children to support her.. Her widowed daughter in law may not be inclined to share her assets if any,it is the other living son should come forward to maintain her and the court should put its seal on the monthly quantum of maintenance.  One could adopt an appropriate approach once all the facts are known and assessed in proper  perspective

"alex"