Divorced daughter not entitled to claim maintenance from deceased father’s estate: Delhi HC

New Delhi: Upholding a family court’s order, the Delhi High Court has said that a divorced daughter is not considered a "dependent" under the Hindu Adoptions and Maintenance Act, 1956 (HAMA), which cancels her right to claim maintenance from her deceased father's estate.

A division bench of Justices Suresh Kumar Kait and Neena Kumar Bansal was hearing an appeal by a divorced daughter against a family court’s order refusing to grant her request to claim maintenance from her mother and brother.

The bench said that HAMA recognises the rights of unmarried or widowed daughters to claim a share in their father's estate, but it does not extend this provision to divorced daughters.

“An unmarried or widowed daughter is recognised 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 observed.

The woman in this case had received maintenance from her family until November 2014 but later claimed that she should continue receiving it because her husband had deserted her, and she couldn't seek alimony or maintenance from him due to his untraceable status.

However, the court pointed out that, under HAMA, divorced daughters are not considered dependents and, therefore, are not entitled to claim maintenance from their family members.

“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,” the court said.

The court upheld the family court's decision that she had already received her share from her father's estate and couldn't claim maintenance again.