Under the rules of the Hindu Adoptions and Maintenance Act, 1956, an unmarried daughter can claim the costs of marriage from her parents, according to the Chhattisgarh High Court.
A high court division bench in Bilaspur was hearing a case filed by Rajeshwari, a 35-year-old lady from Chhattisgarh's Durg district.
According to the petitioner's lawyer, AK Tiwari, a bench of Justices Goutam Bhaduri and Sanjay S Agrawal granted her request for a hearing on March 21, admitting that an unmarried daughter can claim the amount of her marriage from her parents under the provisions of the Hindu Adoptions and Maintenance Act, 1956.
The bench set aside the ruling of the Principal Judge of the Family Court Durg dated 22 April 2016 and returned the case to the family court for adjudication on the merits in accordance with Section 3(b) (ii) of the Act of 1956. The parties have been ordered to appear in family court by the judge.
The petitioner, the daughter of Bhilai Steel Plant (BSP) employee Bhunu Ram, filed a plea in Durg family court under the Hindu Adoptions and Support Act, 1956, seeking maintenance in the amount of roughly Rs. 20 lakh in the form of wedding expenses.
On January 7, 2016, the family court dismissed the application, claiming that the Act does not provide for a daughter to seek the amount of her marriage.
In her petition, Rajeshwari claims that the respondent (her father), Bhanu Ram, is about to retire and will most likely receive a pension of 55 lakh rupees, so an appropriate writ should be issued directing the respondent-employer Bhilai Steel Plant to release a portion of his retirement dues in her favour in the amount of 20 lakh rupees.
Rajeshwari had appealed the family court's decision to the high court, alleging that under the law, an unmarried daughter can sue her father for marriage expenditures, claiming that the expense falls under the category of maintenance Mr Tiwari said.
The judgement was deemed noteworthy by the bench, and it was approved for reporting (AFR), he added, adding that the case would now be included in all legal books.
Mr Tiwari stated that this is a first-of-its-kind order by the Chhattisgarh high court.