Marital Status Doesn’t Alter Family Ties: Andhra Pradesh HC Affirms Daughters’ Lifelong Bond with Parent

Marital Status Doesn’t Alter Family Ties: Andhra Pradesh HC Affirms Daughters’ Lifelong Bond with Parent

The Andhra Pradesh High Court recently underscored that daughters remain lifelong members of their parents' family, regardless of their marital status.

Justice K. Manmadha Rao highlighted that a daughter's marriage does not sever her connection or status within her parental family.

"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 this observation while reviewing a State policy that differentiated between sons and daughters regarding compassionate appointments—positions offered to family members of deceased government employees—based on the daughter's marital status.

A petition was filed challenging the denial of a compassionate appointment to the married daughter of a man who had worked as a sweeper at a temple until his death in 2013. The executive officer handling the case had asked the woman to provide a divorce certificate, as she claimed the appointment on the grounds that her husband had abandoned her.

The woman responded, explaining that she could not locate her husband to obtain such a certificate. In 2021, she submitted a new request to be appointed to her father’s former position as a sweeper on compassionate grounds. When the authorities failed to respond, she approached the High Court for relief.

During the hearing, the Court was informed of a 1999 State government order that permitted the appointment of a married daughter on compassionate grounds only if there was no competing claim from the employee’s spouse or other children, and if the married daughter was dependent on the deceased employee. 

The Court noted, however, that no such conditions applied to a married son’s eligibility for compassionate appointments and criticized the policy 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 denying compassionate appointment to the petitioner, a married daughter, was both illegal and arbitrary. Consequently, it allowed the writ petition and directed the temple authorities to appoint her to the position of sweeper, or any suitable post, effective from the date of her father’s passing, along with all associated 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.
 
 
Share this News

Website designed, developed and maintained by webexy