Need to change mindset of people that once daughter is married she should not be given any property: Gujarat High Court

A bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri said that marriage just does not change the status of a daughter in the family.
Gujarat High Court
Gujarat High Court

The Gujarat High Court on Thursday observed that marriage of a daughter does not change her status in the family.

A division bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri therefore said that it is time to change the mindset of people that once a daughter in the family is married, she should not be given any property.

"This mindset that once the daughter or sister in the family is married we should not give her anything, should be changed. She is your sister, born with you. Just because she has married now her status in the family does not change. Thus, this mindset should go," Chief Justice Aravind Kumar remarked.

The bench made the observation while hearing a plea filed by a man seeking to make his sister a respondent to his petition.

The plea sought execution of an award granted by a lower court with regard to the family property.

The man informed the bench that there is no clarity yet as to whether his sister had relinquished her right in the award as the relinquish deed had not been registered.

The bench sought to know if the person who is said to have relinquished the right, is a brother or a sister.

"She is the sister," the counsel responded.

To this, the CJ quipped,

"You may not be willing to give anything to her now, right? Shaadi ho gya behen ka toh ab kyu du kuch bhi (Since sister has married why should I give anything now)."

This mindset should go, the CJ said.

The bench adjourned the matter for three weeks.

Notably, the Karnataka High Court had last week made a similar observation saying,

"If the son remains a son, married or unmarried; a daughter shall remain a daughter, married or unmarried. If the act of marriage does not change the status of the son; the act of marriage cannot and shall not change the status of a daughter."

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