Mumbai: A daughter cannot continue her deceased mother’s claim of maintenance, as the right to claim maintenance under the Hindu Adoption and Maintenance Act (HAMA) is an individual right against another person, ruled the Bombay High Court.
A division bench of Justice Ravindra V Ghuge and Justice YG Khobragade rejected the plea of a married daughter of a deceased woman to continue the claim that was given to her mother.
Right to claim maintenance is subject to personal laws
“Right to claim maintenance under the personal laws viz, Hindu Adoption and Maintenance Act, Muslim Law, Christian Law is in the personal nature. It is an individual privilege of a person who is governed under the Personal Law… the right to sue does not survive in favour of the applicant, who is the married daughter of the deceased Appellant and Respondent”, the court held,” said the bench.
However, the court clarified that the daughter, being a legal heir, can recover the arrears of maintenance granted against her father after obtaining a succession certificate from the competent court of law.
The Bombay High Court was hearing an application filed by a married daughter seeking to continue her mother’s appeal seeking enhancement of maintenance awarded by the family court.
As per the application, her parents married in December 1977. Initially, their relations were cordial but were later strained and they started residing separately. The mother filed a petition before the family court in 2017 seeking maintenance. On February 4, 2021, the family court awarded her maintenance of ₹10,000 per month.
Aggrieved, she challenged this before the High Court and sought maintenance of ₹1.5 lakh per month. However, the mother passed away on May 13, 2023 during the pending appeal. The daughter approached the High Court saying that the cause of action survives, and she has the right to continue with the appeal as the legal heir.
The question before the court was whether the right to sue survives with the legal heirs of the deceased in a case for enhancement of maintenance under the personal law, HAMA in the present case.
Right to claim maintenance limited to legal marriage
The husband’s advocate argued that the right to claim maintenance under the Act is limited to legally wedded wife and children. The right to claim maintenance is personal in nature and ceases upon the death of the person who claimed maintenance under the statute.
The judges noted that the right to sue survives when it pertains to the creation, transfer, or devolution of interest in the nature of property. However, the court clarified that it does not apply when the right to sue is personal in nature.
What is the HAMA law?
The court noted that the right to claim maintenance under personal laws like the HAMA is an individual prerogative right. Such rights are in personam or rights against specific individuals based on the personal law governing them.
Rejecting the daughter’s application, the High Court said that appeal has abated as right to sue for enhancement of maintenance does not survive for the married daughter in respect of her deceased mother's claim.
It noted that the daughter was not minor and she was not dependent on the father’s income. “Therefore, taking into consideration the provisions of Order 22 Rule 1 & 2 of C.P.C., no right to sue survives to the married daughter to claim for enhancement of maintenance in respect of deceased Appellant,” it added.
