Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job.While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was earning well, it is...
The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job.
While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was earning well, it is rather untenable to imagine that her dependency on her father stood 'restored' on her husband allegedly losing his job abroad.”
The counsel for the petitioner argued that the sole reason provided for the rejection of the dependency certificate is that the appellant is a married woman, but that this does not take away the appellant's claim as employment assistance will have to be given to a daughter, regardless of her marital status.
The bench went on to say that “If persons who are not fully eligible to be granted benefits under the said Government Order are afforded the same, the purpose behind it would lose its integrity and intent.”
Counsel for Petitioner: Advocates KS Arun Kumar, Rajee P Mathews, Amrutha PS, Vijay Sankar VH, Sruthy Unnikrishnan and Aiswary EJ Vettikompil
Counsel for Respondents: Advocate Vidya Kuriakose, GP
Case Title: Arifa TK v. The District Collector & ors.
Case Number: WP (C) No. 33177 of 2022
Citation: 2024 LiveLaw (Ker) 76