Lawstreet Journal

Unmarried Daughter Can Claim Marriage Expenses From Parents Under 'Hindu Adoptions & Maintenance Act': Chhattisgarh High Court

Lawstreet Journal 3 Apr 2022 3:53am

Image courtesy: Lawstreet Journal Judiciary Unmarried Daughter Can Claim Marriage Expenses From Parents Under 'Hindu Adoptions & Maintenance Act': Chhattisgarh High Court

Chhattisgarh High Court recently held that an unmarried daughter can claim marriage expenses from parents under Hindu Adoptions & Maintenance Act, 1956.

A Division Bench comprising Justice Goutam Bhaduri and Justice Sanjay S Agrawal noted that Section 3 (b) (ii) of the Hindu Adoptions & Maintenance Act, 1956 includes marital expenditures in unambiguous terms.

"In Indian society, normally expenses are required to be incurred for pre-marriage and also at the time of marriage. A right was created and courts could not be in "denial mode" when such rights are claimed by unmarried daughters," the High Court bench stated.

The Division Bench was hearing an appeal challenging a Family Court order. A family court in Durg had dismissed an application filed by an unmarried daughter claiming an amount of ₹25 Lakh for the purpose of marriage.

The appellant has claimed that her father had received 75 lakh after his retirement. Out of that amount, ₹75 lakh remained to be released as retiral dues.

She relied on the Madras High Court judgment in the case of R Durairaj v Seethalakshmi Ammal to mention that maintenance amount would include the expenses of marriage, and stated that the Family Court should not have dismissed the application.

Taking note of her submissions, the High Court bench 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.

Noting that such a… Continue Reading...

Tagged: Chhattisgarh High Court  
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