The Madras High Court passed a judgement on 21st of April, 2023 in which it established that a mother has the right to claim the arrears of maintenance entitled to her deceased daughter. This was seen in the case of Annadurai v. Jaya (Crl.R.C.No.291 of 2022 and Crl.M.P.Nos.3028 & 9397 of 2022) and the case was presided over by The Honourable Mr. Justice V. Sivagnanam
FACTS OF THE CASE:
The petitioner Annadurai is the ex-husband of the respondent’s deceased daughter, Saraswathi. He is challenging the order passed by the Judicial Magistrate, Madurantagam which held that the mother, Jaya is entitled to the maintenance arrears of her deceased daughter. Before passing, the deceased had filed for a claim of all her arrears amounting to Rs. 6,37,500. Hence, this petition.
JUDGEMENT:
The counsel representing the petitioner contended that maintenance was a personal right of the deceased and cannot be transferred. On the other hand, the counsel for the respondent claimed that the maintenance arrears of the respondent’s deceased daughter were her assets and the mother being the successor under Section 15(i)(c) of the Hindu Succession Act is entitled to the same.
The learned single judge after listening to the contentions of both parties, established that the mother has the right to claim the arrears of maintenance entitled to her deceased daughter. However, no future claims can be made with respect to the maintenance as it is not transferable under 6(dd) of the Transfer of Property Act.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA
