The Hindu Adoptions and Maintenance Act allows an unmarried daughter to recover expenses related to her marriage from her parents, according to the Chhattisgarh High Court.
According to Bar and Bench, the High Court found that Section 3 (b) (ii) of the Hindu Adoptions & Maintenance Act includes marital expenditures in clear words.
The High Court was considering an appeal contesting a family court ruling dismissing an unmarried daughter’s application for a marriage allowance of Rs 25 lakh. A Division Bench of Justices Goutam Bhaduri and Sanjay S Agrawal said that expenses are essential to be expended for pre-marriage and also at the time of marriage in Indian society and highlighted that a right was created and courts could not be in ‘denial mode’ when such claims were made by unmarried daughters.
According to the daughter, her father received Rs 75 lakh after retirement, of which Rs 25 lakh has yet to be delivered by the government as dues. The petitioner said that the maintenance amount would include the expenses of marriage and challenged the Family Court order that dismissed her application, citing a Madras High Court judgement in the matter of R Durairaj v Seethalakshmi Ammal.
According to Bar and Bench, the Chhattisgarh High Court considered Section 20(3) of the Act, which requires a person to support his or her aged or infirm father, or a daughter who is unmarried and unable to support herself.
‘We accordingly set aside the order of the Principal Judge, Family Court, Durg, dated 22-02-2016, and remand the matter to the learned Family Court for adjudication of the same on merits in the spirit of Section 3(b) (ii) of the Act of 1956,’ ruled the HC.
It then asked the parties to appear before the family court on April 25.