High Court Verdict on Divorced Daughters’ Maintenance!
The Delhi High Court has ruled that divorced daughters are not entitled to claim maintenance under the Hindu Adoption and Maintenance Act (HAMA). The court observed that the term “dependent” as defined under the Act does not include a divorced daughter.
The case involved a divorced woman who had filed a petition under Section 22 of HAMA, seeking maintenance from her mother and brother. The woman claimed that she was unable to maintain herself due to her financial condition. However, the family court dismissed her petition on the ground that she was not a “dependent” under the Act.
The woman challenged the family court’s order in the Delhi High Court. However, the high court upheld the family court’s order and dismissed the woman’s appeal. The high court observed that the term “dependent” as defined under Section 21 of HAMA includes nine categories of relatives, but a divorced daughter is not one of them.
The high court further observed that a divorced woman has a claim for maintenance against her ex-husband, even after divorce. Therefore, the court held that the woman was not entitled to claim maintenance from her mother and brother under HAMA.
The high court’s ruling is significant as it clarifies the legal position of divorced daughters under HAMA. The ruling also highlights the need for reform of the Act to ensure that divorced daughters are not left without financial support.
Implications of the ruling
The ruling of the Delhi High Court has far-reaching implications for divorced daughters in India. It means that divorced daughters will not be able to claim maintenance from their parents or other relatives under HAMA, even if they are unable to maintain themselves.
This could be particularly problematic for divorced daughters who are from poor or disadvantaged backgrounds. It could also be problematic for divorced daughters who have been deserted by their ex-husbands and are unable to obtain maintenance from them.
The ruling of the Delhi High Court is also a setback for the cause of gender equality. It reinforces the traditional view that women are dependent on men for financial support, even after divorce.
Need for reform
The ruling of the Delhi High Court highlights the need for reform of the Hindu Adoption and Maintenance Act. The Act needs to be updated to ensure that divorced daughters are not left without financial support.
One way to reform the Act would be to include divorced daughters in the definition of “dependent” under Section 21. This would allow divorced daughters to claim maintenance from their parents or other relatives if they are unable to maintain themselves.
Another way to reform the Act would be to create a separate provision for maintenance of divorced daughters. This provision could be based on the principles of need and ability to pay.
The government should take urgent steps to reform the Hindu Adoption and Maintenance Act to ensure that divorced daughters are not left without financial support.
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