The Delhi High Court has clarified that under the Hindu Adoptions and Maintenance Act (HAMA), an unmarried or widowed daughter has a legitimate claim in her deceased father’s estate, but this entitlement does not extend to a divorced daughter as she is not considered a dependent eligible for maintenance.
This ruling came as the court rejected an appeal by a divorced woman who had challenged a family court’s decision denying her maintenance claims against her mother and brother.
The court explained that the claim for maintenance was made under Section 21 of the HAMA, which outlines the categories of dependents eligible to claim maintenance. However, it does not include divorced daughters among these dependents.
In this case, the woman’s father passed away in 1999, leaving behind his wife, son, and two daughters as heirs. The woman alleged that she did not receive her rightful share as a legal heir. She claimed her mother and brother had agreed to provide her with a monthly maintenance payment of Rs 45,000, with the understanding that she would not pursue her share of the property. However, she asserted that she only received maintenance payments until November 2014 and none thereafter.
The woman also stated that her husband had abandoned her, leading to an ex parte divorce in September 2001. She argued that the family court had not considered the fact that she had not received any financial support, alimony, or maintenance from her estranged husband. She further contended that since her husband was untraceable, she was unable to seek alimony or maintenance from him.
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