Wednesday, March 30, 2022

Unmarried daughter can claim marriage expenses from parents: The case was remanded : Chhattisgarh High Court

The High Court held that Section 3(b)(ii) of the Hindu Adoptions and Maintenance Act includes in unambiguous terms, expenses for marriage.

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.

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 the maintenance amount would include the expenses of marriage, and the Family Court should not have dismissed the application.

Considering the provision, the Bench found that such a statutory attempt cannot be terminated at a threshold, and set aside the order of the Family Court.

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