Unmarried daughter can claim marriage expenses from parents: Chhattisgarh High Court
The Hindu Adoptions and Maintenance Act; allows an unmarried daughter to recover marriage expenditures from her parents, according to the Chhattisgarh High Court.
Justices Goutam Bhaduri and Sanjay S Agrawal of the Division Bench concluded that; Section 3 (b) (ii) of the Act expressly covers wedding costs.
“Normally; costs are necessary; to be expended for; pre-marriage and also at the time of marriage in Indian culture,” the Bench remarked, observing that; a right created and that; courts could not be in “denial mode” when such rights; are claimed by unmarried daughters.
The Bench was hearing an appeal from a Family Court ruling dismissing an unmarried daughter’s application for a sum of Rs. 25 lakh for the purpose of marriage.
As a result, an appeal filed with the High Court. The appellant relied on a Madras High Court decision in the matter of R Durairaj v Seethalakshmi Ammal to argue that the support amount should include marital expenditures and that the Family Court should not have dismissed the plea.
In light of this, the High Court considered; Section 20 (3) of the Act, which requires a person to support an elderly or infirm parent, or an unmarried daughter who is unable to support herself.
After considering the provision, the Bench determined that; a statutory attempt; cannot be discontinued; at the threshold, and overturned the Family Court’s decision.
The matter remanded to the Family Court for a merits hearing on April 25, and the parties given a date to appear.
The petitioner represented by TK Tiwari, an attorney.
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