The Chhattisgarh High Court has ruled that an unmarried daughter can claim expenses related to her marriage from parents under the Hindu Adoptions & Maintenance Act. The High Court ruled that Section 3 (b) (ii) of the Hindu Adoptions & Maintenance Act includes expenses for marriage, though in unambiguous terms, Bar and Bench reported. The High Court was hearing an appeal challenging a family court order denying an application by an unmarried daughter claiming an amount of Rs 25 lakh for marriage. A Division Bench of Justices Goutam Bhaduri and Sanjay S Agrawal observed that expenses are required to be incurred for pre-marriage and also at the time of marriage in Indian society and noted that a right was created and courts could not be in ‘denial mode’ when such claims were made by unmarried daughters.
The daughter claimed that her father had received Rs 75 lakh after retirement and of them, Rs 25 lakh is yet to be released as dues by the government. Citing a Madras High Court judgement in the case of R Durairaj v Seethalakshmi Ammal, the petitioner stated that the maintenance amount would include the expenses of marriage and challenged the Family Court order that dismissed her application. The Chhattisgarh High Court discussed Section 20(3) of the Act that 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, reported Bar and Bench. “We accordingly set aside the order dated 22-02-2016 passed by the Principal Judge, Family Court, Durg 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.