LI Network
Published on: 5 August 2023 at 12:45 IST
The Bombay High Court, Bench at Aurangabad, has recently clarified the inheritability of the right to sue for maintenance under personal laws.
The case in question, Civil Application of 2023, involved an appeal for an enhancement of maintenance under the Hindu Adoption And Maintenance Act.
The original appellant, Jayshree, who sought an increase in maintenance, unfortunately, passed away during the pendency of the appeal.
Subsequently, her married daughter, Sumedha, filed an application seeking permission to be recognized as the legal heir and continue the appeal on her mother’s behalf.
During the hearing, the court, comprising Justices Ravindra V. Ghuge and Y. G. Khobragade, heard arguments from both sides.
Sumedha’s counsel contended that she, being the married daughter of the deceased appellant, is entitled to continue the appeal for enhancement of maintenance.
The argument was based on the belief that the cause of action survived, and she had the right to seek an increase in the maintenance amount.
However, the respondent’s counsel countered the claim, emphasizing that the right to claim maintenance under the Hindu Adoption And Maintenance Act is personal and does not devolve to the legal heirs of the wife. He supported his position with previous legal precedents.
After careful consideration of the arguments, the bench clarified the nature of the right to claim maintenance.
It stated that the right to claim maintenance under personal laws is an individual prerogative right in personam, meaning it is specific to the individual and not transferable to legal heirs.
In its verdict, the court ruled that the right to sue for the enhancement of maintenance does not survive in favor of Sumedha, the married daughter of the deceased appellant.
However, it clarified that she has the right to recover any arrears of maintenance granted under the previous judgment against her father, the respondent, after obtaining a succession certificate from the competent court.
The case is named Jayshree vs. Satyendra and is recorded as Civil Application No. 8775 of 2023 in Family Court Appeal No. 35 of 2021, with the bench comprising Justice Y. G. Khobragade and Justice Ravindra V. Ghuge.
