The Chhattisgarh High Court last week held that an unmarried daughter is entitled to claim marriage expenses from her parents under the Hindu Adoptions & Maintenance Act [Rajeshwari v Bhunu Ram]..A Division Bench of Justices Goutam Bhaduri and Sanjay S Agrawal held that Section 3 (b) (ii) of the Act includes expenses for marriage in unambiguous terms.“In Indian society, normally expenses are required to be incurred for pre-marriage and also at the time of marriage,” the Bench observed while noting that a right was created and courts could not be in “denial mode” when such rights are claimed by unmarried daughters..The Bench was hearing an appeal from an order of a Family Court which had dismissed an application by an unmarried daughter claiming an amount of ₹25 Lakh for the purpose of marriage.The appellant claimed that after retirement her father received ₹75 lakh, and out of that ₹25 lakh remained to be released as retiral dues..An appeal was thus moved before the High Court. The appellant placed reliance on a judgment of the Madras High Court in the case of R Durairaj v Seethalakshmi Ammal to state that maintenance amount would include the expenses of marriage, and the Family Court should not have dismissed the application..The High Court, in this light, discussed Section 20 (3) of the Act, which creates an obligation on a person to maintain his or her aged or infirm parent, or a daughter who is unmarried and unable to maintain themselves.Considering the provision, the Bench found that such a statutory attempt cannot be terminated at threshold, and set aside the order of the Family Court..The case was remanded to the Family Court for adjudication on merits, and the parties were directed to appear before the same on April 25..Advocate TK Tiwari appeared for the petitioner..[Read Order]
The Chhattisgarh High Court last week held that an unmarried daughter is entitled to claim marriage expenses from her parents under the Hindu Adoptions & Maintenance Act [Rajeshwari v Bhunu Ram]..A Division Bench of Justices Goutam Bhaduri and Sanjay S Agrawal held that Section 3 (b) (ii) of the Act includes expenses for marriage in unambiguous terms.“In Indian society, normally expenses are required to be incurred for pre-marriage and also at the time of marriage,” the Bench observed while noting that a right was created and courts could not be in “denial mode” when such rights are claimed by unmarried daughters..The Bench was hearing an appeal from an order of a Family Court which had dismissed an application by an unmarried daughter claiming an amount of ₹25 Lakh for the purpose of marriage.The appellant claimed that after retirement her father received ₹75 lakh, and out of that ₹25 lakh remained to be released as retiral dues..An appeal was thus moved before the High Court. The appellant placed reliance on a judgment of the Madras High Court in the case of R Durairaj v Seethalakshmi Ammal to state that maintenance amount would include the expenses of marriage, and the Family Court should not have dismissed the application..The High Court, in this light, discussed Section 20 (3) of the Act, which creates an obligation on a person to maintain his or her aged or infirm parent, or a daughter who is unmarried and unable to maintain themselves.Considering the provision, the Bench found that such a statutory attempt cannot be terminated at threshold, and set aside the order of the Family Court..The case was remanded to the Family Court for adjudication on merits, and the parties were directed to appear before the same on April 25..Advocate TK Tiwari appeared for the petitioner..[Read Order]
