September 15, 2023: A divorced daughter can’t claim maintenance under the Hindu Adoption and Maintenance Act (HAMA), the Delhi High Court (HC) has said while delivering its order in the Malini Chaudhari versus Ranjit Chaudhari & Another case. Unlike a widowed daughter and an unmarried daughter, a divorced daughter is not covered under the definition of dependents under the HAMA, the HC added in its order dated September 13, 2023.
The Hindu Adoption and Maintenance Act sets out the legal procedure for adoption of children by Hindus. It elaborates on the legal obligations after the adoption, including maintenance of children, wife and in-laws.
Malini Chaudhari versus Ranjit Chaudhari & Another: The case
Malini Chaudhari (the appellant) is the daughter of Indira Chaudhri (the respondent) and Late Vijay Kumar Chaudhari/father. She is also the sister of Ranjit Chaudhri, the main respondent in the case. Malini got married to one John Fletcher in 1995, who deserted her and left for the US. The appellant was granted ex parte divorce in 2001.
Malini filed a petition under Section 22 of the HAMA, claiming maintenance from the respondents. The appellant claimed that the respondents be directed to pay an amount of Rs 1 lakh per month as maintenance as she is a dependent of the HUF under Section 22 of HAMA.
Malini’s grandmother came from Pakistan to Delhi and acquired privileged properties and estates under the Re-settlement Scheme. After the demise of her grandmother, her properties and estates devolved upon Malini’s father, who died in 1999, leaving behind four legal heirs: his wife, the above-mentioned son, and two daughters, Kamini Wahi and Malini Chaudhari. According to Malini, she was not given any share as a legal heir in her father’s property.
She also claimed that her father left a Will, leaving 9 acre of land situated near Rozka Village, Haryana, to the two sisters. However, in a joint meeting of the family, the members agreed to pay Rs 45,000 per month to Malini for maintenance on an assurance that she would not press for her share in the property bequeathed by her father. While the maintenance was paid to her regularly till November 2014, the payments stopped post that. According to her, when she demanded her share in the ancestral properties, the respondents flatly declined to give her anything.
What the court said?
According to the HC, a divorcée can claim maintenance from her former husband even after the divorce. Her parental family, however, is not obliged to support her, no matter how hard her circumstances were.
“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 the situation may be, 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,” it said.
“The claim for maintenance has been made under Section 21 of the HAMA which provides for the dependents who may claim maintenance. 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,” the court added.
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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