Whether Divorced Daughter is 'Dependent' U/S 21 Hindu Adoptions & Maintenance Act and Entitled To Maintenance From Late Father's Estate?

It is the admitted case of the parties that the appellant is the daughter of the respondent No. 2 and sister of the respondent No. 1. She as per her own averments, had got married to Mr. John Fletcher in the year 1995 and got divorced from him in the year 30.09.2001. Thus, the appellant is a divorcee. {Para 16}

17. The claim for maintenance has been made under Section 21 of HAMA which provides for the dependents who may claim maintenance.

18. It provides for 9 categories of relatives in which the “divorced

daughter” does not feature. An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a “divorced daughter” does not feature in the category of dependents entitled to maintenance.

19. The appellant being a divorcee has a claim for maintenance against her husband even after her divorce. The appellant being conscious of her right of maintenance against the husband, has sought to explain that since her husband is not traceable, she is unable to claim maintenance from him. However difficult situation as it may be, but under the HAMA as she is not a “dependent” as defined under the Act and thus not entitled to claim maintenance from her mother and brother.

IN THE HIGH COURT OF DELHI AT NEW DELHI

MAT.APP.(F.C.) 89/2018

MALINI CHAUDHRI  Vs RANJIT CHAUDHRI & ANR. 

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

Author: NEENA BANSAL KRISHNA, J

Pronounced on: 13th September, 2023.

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Include divorced daughter within definition of Family for Compassionate Appointments: Allahabad HC to Govt

THE ALLAHABAD High Court has directed the Principal Secretary (Law) to take necessary steps within four months so that a “divorced daughter” can be included in the definition of “family” with respect to the rules regarding compassionate appointments in the event of death of a government employee while on duty.

As of now, only “unmarried daughters” and “widowed daughters” are included in the definition of “family” insofar as compassionate appointment is concerned.
A single-judge bench of Justice B Amit Sthalekar passed the order in this regard on November 18 while hearing a petition filed by one Roobi Mansoori whose father, a class IV employee in the Sales Tax Department and posted in Allahabad, had passed away in 2012.

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