In a significant judgment, the Delhi High Court noted that a separated daughter can not claim maintenance from parent’s or family as she isn’t the “dependent” under the Hindu Adoption and Maintenance Act. The Division Bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed, “An unmarried or widowed daughter is honored to have a claim in the estate of the departed, but a “divorced daughter” doesn’t feature in the order of dependents entitled to maintenance.” The bench dismissed an appeal filed by a separated son challenging an order passed by a family court rejecting her claim for the conservation from her late father’s estate. The father passed away in 1999 leaving before 4 heirs at law, his wife, a son, and two daughters. The supplicant wasn’t given any share. She argued that her family had agreed to pay her Rs 45,000 per month as maintenance while asking her to not ask for a share in the property. She submitted that the family gave her the maintenance only till November 2014. She stated that her ex-husband abandoned her, leading to anex-parte divorce granted in September 2001. She argued that the family court had overlooked the fact that she hadn’t entered any fiscal support, alimony, or maintenance from her husband. Also, she explained that her husband was untraceable, precluding her from seeking any form of alimony or maintenance from him. “still delicate situation as it may be, but under the HAMA as she isn’t a “dependent” as defined under Section 21 of the Hindu Adoption and Maintenance Act under the Act and therefore not entitled to claim maintenance from her family, ” the bench said. While dismissing the appeal, the bench stressed that Section 21 of the Hindu Adoption and Maintenance Act lists the dependents of the departed which include unattached and widowed daughters but has no reference to separated daughters. The Family Court had noted that the petitioner had formerly entered a share from the estate and couldn’t claim for the same again from her family. “The replier No. 2/ mother has formerly made arrangements for furnishing the hearthstone to the complainant. It can not be overlooked that the repliers being the family and mother had also supported the son/complainant by freely giving her Rs. 45,000/- per month to her till 2014, ” the Court said.
Written by: Shaikh Rizwan Government Law College, Mumbai , 2nd Year, Intering under Legal Vidhiya
0 Comments