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

The Chhattisgarh High Court recently held that an unmarried daughter can claim marriage expenses from her parents under the provisions of the Hindu Adoptions and Maintenance Act, 1956.

The bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal held thus while hearing and allowing a petition filed by a 35-year-old woman, Rajeshwari.

The case in brief 

Appellant/Rajeshwari moved an application before the Principal Judge, Family Court, Durg claiming an amount of Rs.25 Lakh from her father for the purpose of her marriage.

In the alternative, an amount was also claimed by the appellant from the Bhilai Steel Plant, wherein the father of the appellant was working, to release an amount of Rs.25 Lakh in her favor.

The allegation of the appellant was that after the retirement, her father-Bhunu Ram has received Rs.75 Lakhs and Rs.25 Lakh remains to be released as retiral dues and if the aforesaid remaining amount is released in his favor, in such a case, he would flee away.

However, this application was dismissed by the Family Court in limine.

Therefore, arguing that the maintenance amount would include the expenses of marriage, the appellant moved to the HC seeking to set aside the order of the Family Court to dismiss her application claiming expenses for her marriage from her father.

Court's observations 

At the outset, the Court referred to Section 20 of the Act of 1956, which speaks about the maintenance of children and aged parents.

The Court noted that Subsection (3) of Section 20 of the Act of 1956 creates an obligation upon a person to maintain his or her aged or infirm parent or a daughter who is unmarried, as the case may be, if they are unable to maintain himself or herself out of his or her own earnings or other property.

The Court further observed that in the instant case, the application moved by the unmarried daughter/appellant before the Family Court was only confined to the release of Rs.25 lakh as a one-time settlement for the purpose of marriage only and not for daily food, clothing, and residence. 

In view of this, noting that the word maintenance as defined under Section 3(b)(ii) of the Act of 1956, includes, in the case of an unmarried daughter, the reasonable expenses of and incident to her marriage, the Court held thus:

"Reading of the aforesaid Section in unambiguous term includes the expenses for marriage. The right includes the reasonable expenses of marriage of daughter and expenses incident to her marriage. In Indian society, normally expenses are required to be incurred for pre-marriage and also at the time of marriage. Thus, the centrality of Act of 1956 gives safeguard to both. So, a right is created to claim the expenses incident to marriage and the Courts also cannot be in denial mode, when such rights are claimed by unmarried daughters. Before and during the marriage, the collective rituals are required to be performed, which come at a price. Unless the proceedings are allowed to be carried out at the instance of an unmarried daughter under the Act of 1956, claiming expenses for marriage, the statutory attempt cannot be terminated at threshold. Key question of right of unmarried daughters for anticipated expenses of marriage is required to be ascertained to grant reasonable expenses."

Accordingly, the Court set aside the order dated 22-02-2016 passed by the Principal Judge, Family Court, Durg, and remanded the matter to the Family Court for adjudication of the same on merits in the spirit of Section 3(b) (ii) of the Act of 1956.

Case title - Rajeshwari v. Bhunu Ram and others

Citation: 2022 LiveLaw (Chh) 23

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