Raipur: The Chhattisgarh High Court has ruled that an unmarried daughter is entitled to claim marriage expenses from her parents under the provisions of the Hindu Adoptions and Maintenance Act, 1956.
According to reports, the court has held that expenses for marriage in unambiguous terms are included under Section 3 (b) (ii).
A 35-year-old woman, Rajeshwari, who hails from Durg district in Chhattisgarh, filed a petition in the high court of Bilaspur, after which, a division bench heard her petition.
The bench comprising of Justices Goutam Bhaduri and Sanjay S Agrawal on March 21 allowed her plea for a hearing by acknowledging 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 petitioner's advocate AK Tiwari said.
"In Indian society, normally expenses are required to be incurred for pre-marriage and also at the time of marriage,'" the bench observed.
The court further went on to add that a right was created and courts could not be in "denial mode" when such rights are claimed by unmarried daughters.
Earlier, the order which was passed by the Principal Judge of family court Durg on 22 April 2016 was overruled by the bench and they 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. The court has directed the parties to appear before the family court.
The petitioner happens to be the daughter of an employee of Bhilai Steel Plant (BSP) Bhunu Ram and she filed the petition in Durg family court under Hindu Adoptions and Maintenance Act, 1956 and made a claim that maintenance to the tune of around ₹ 20 lakh is given to her in the mode of marriage expense.
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