The Madras High Court, on April 21, declared that the mother of a divorced woman is entitled to receive alimony arrears in the event of the latter’s death. The single bench of Justice V Sivagnanam was hearing the petition of Jaya from Cheyyur in Tamil Nadu’s Chengalpattu district, seeking alimony arrears owed to her late daughter Saraswathi by her former husband Annadurai.
Annadurai and Saraswathi had married in 1991. The couple later separated and were granted divorce by the District Munsif-cum-Judicial Magistrate Court in Cheyyur in 2005. Following the divorce, Saraswathi filed a petition seeking alimony. In 2021, the court ordered that Annadurai should pay Rs 7,500 per month from 2014. However, months after the court directed Annadurai to pay alimony, Saraswathi passed away in June 2021.
After Saraswathi’s death, Jaya filed a petition seeking alimony arrears of Rs 6,22,500 from Annadurai. Although the Madhuranthakam court in Chengalpattu district, accepted her plea and declared that Jaya is entitled to alimony arrears, the order was challenged by Annadurai. He filed a case against it in the Madras High Court.
Justice Sivagnanam, who heard the case, stated that according to section 15 of the Hindu Succession Act, if the wife dies, her property will go to the children. In the absence of any children, the husband is entitled to her property, followed by which the parents are entitled to the property. Since Saraswathi didn’t have children from her marriage and her brother has passed away, the court declared that her mother has the right to receive the arrears.
Bar and Bench reported that the High Court said that there is no infirmity in the order of the lower court and that there is no merit in the criminal revision case filed by Annadurai. "In view of Section 15(1)(c) of the Hindu Succession Act, the mother is entitled to the property of her daughter — in this case, the arrears of maintenance accrued till the death of her daughter Saraswathi. Therefore, the learned Judge [of the Madhuranthakam court] rightly impleaded the mother of the deceased daughter in the petition for arrears of maintenance. There is no infirmity in the order passed,” Justice Sivagnanam ruled.