Chhattisgarh High Court has ruled that a unmarried daughter can claim wedding expenses from his parents under the provisions of the Hindu Adoption and Maintenance Act, 1956.
A division bench of the High Court in Bilaspur was hearing a petition filed by Rajeshwari, a 35-year-old woman, a native of Chhattisgarh’s Durg district.
A division bench of Justice Gautam Bhaduri and Justice Sanjay S Aggarwal allowed their petition to be heard on March 21 by observing that an unmarried daughter can marry her parents under the provisions of the Hindu Adoption and Maintenance Act, 1956. can claim the amount. AK Tiwari, counsel for the petitioner.
The Division Bench set aside the order dated April 22, 2016 passed by the Chief Justice of Family Court, Durg and referred the matter to the Family Court for adjudication on merits in the spirit of Section 3(b)(ii) of the Act. 1956. The court has directed the parties to appear in the family court.
The petitioner, daughter of Bhunu Ram, an employee of Bhilai Steel Plant (BSP), filed a petition in the Durg family court under the Hindu Adoption and Maintenance Act, 1956 and claimed that around Rs 20 lakh should be maintained. In her wedding spending mode.
The Family Court had on 7 January 2016 dismissed the application holding that there is no such provision in the Act that a daughter can claim the amount of her marriage.
In her petition, Ms. Rajeshwari stated that the respondent, Bhanu Ram, is going to retire and is likely to receive ₹55 lakh as retirement arrears, hence, the respondent-employer Bhilai Steel Plant will be released a portion of her Appropriate writ should be issued directing to do so. Retirement arrears of ₹ 20 lakh in his favor.
Challenging the order of the Family Court, Ms Rajeshwari had moved the High Court saying that as per law, an unmarried daughter can demand marriage expenses from her father, claiming that the expenses are within the scope of maintenance. , Mr. Tiwari, Mr. Tiwari said.
The bench considered the decision important and it has been approved for reporting (AFR), he said, explaining that the matter would now be placed in all law books.
Shri Tiwari said that this is the first order of its kind by the Chhattisgarh High Court.