Litigation centred around ‘maintenance’ remains an abrasive subject for litigants. For the courts, it is usually a mixed question of law and facts. However, at times, the issues involve an exercise in statutory interpretation. Recently, the Hon’ble Delhi High Court[1] ruled that a ‘divorced daughter’ cannot claim maintenance from her brother or her mother. The rationale being that a divorced daughter does not qualify as a ‘Dependent’ under Section 21 of the Hindu Adoption and Maintenance Act, 1956 (“HAMA” or the “Act”). The Hon’ble Delhi High Court, in this case, was sitting in appeal over a judgement of the Ld. Judge, Family Court, South-East Saket, New Delhi (“Saket Family Court”), which had dismissed the appellant’s plaint. As the Hon’ble Delhi High Court refused to set aside the judgement of the Saket Family Court, in the process, it clarified the law on maintenance to divorced daughters in India. An overview of the law in respect of maintenance under the HAMA may provide a useful background to the issues involved in this lis.Continue Reading Can a Divorced Daughter Claim Maintenance from her Family Members under Hindu Adoption and Maintenance Act, 1956?
Palak Nagar
Principal Associate in the Dispute Resolution Practice at the Noida office of Cyril Amarchand Mangaldas, Palak focuses on and specializes in disputes emanating from infrastructure and engineering contracts, insolvency litigations, white collar crimes as well as other corporate and commercial litigation. She advises and represents a wide range of domestic and international clients across numerous sectors including FMCG, Manufacturing, Infrastructure and Construction, Oil and Gas, Technology, Media and Telecommunication (TMT). She can be reached at palak.nagar@cyrilshroff.com