Marriage does not end daughter's place in parents' family: Andhra Pradesh High Court

The Andhra Pradesh High Court recently highlighted that daughters remain a part of their parents' family for life, whether or not they have married.

A daughter's marriage does not terminate her status as a member of her parents' family, Justice K Manmadha Rao emphasised.

"The sons and daughters whether they are unmarried or married, they are part of the family of their parents for the entire life. Just because the daughter got married, saying that she is not a member of her parents' family is nothing but (atrocious). Because of her marriage, the daughter would not cease her status as a member of the family of her parents," the Court said in its October 18 ruling.

The Court made the comment while examining a State policy that extended different treatment to sons and daughters when it came to compassionate appointments (job given to a family member of a government servant who has died) depending on whether the daughter was married.

A petition had been filed before the Court challenging the denial of compassionate appointment to the married daughter of a man who had served as a sweeper at a temple before his death in 2013.

The concerned authority, an executive officer, had asked her to furnish a copy of her divorce certificate since she had sought the compassionate appointment on the ground that her husband had deserted her.

The woman had responded by explaining that she could not locate her husband to secure such a certificate. In 2021, the woman submitted a fresh representation requesting that she be appointed to her father's earlier sweeper post on compassionate grounds.

Since the authorities did not respond, she moved the High Court for relief.

While hearing this case, the Court was informed that as per a State government order issued in 1999, the married daughter of a deceased government employee could be appointed on compassionate grounds but only there is no rival claim by the employee's spouse or other children, and if the married daughter was dependent on the employee.

The Court, however, took critical not that there was no such condition for a married son to be eligible for compassionate appointment. The Court criticised this approach as discriminatory.

"Married daughters are deemed ineligible solely because they are married. Showing discrimination toward a 'married daughter' for her marital status, while no such ineligibility applies to a 'married son,' appears arbitrary and discriminatory," the Court said.

The Court concluded that the denial of compassionate appointment to the petitioner in this case (a married daughter) was illegal and arbitrary. Therefore, it allowed the writ petition and ordered the temple authorities to appoint the petitioner as a sweeper or any suitable post with effect from the date when her father had passed away, with all accompanying service benefits.

"However, the petitioner is not entitled to claim monetary benefit, as she was not appointed to the post on the principle of ‘NO WORK - NO PAY”," the Court clarified.

Advocate DV Sasidhar appeared for the petitioner. Standing Counsel K Madhva Reddy appeared for the State's Endowments Department.

[Read Order]