Unmarried Major Daughter Entitled To Marriage Expenses & Maintenance From Father Under Hindu Adoptions & Maintenance Act: Chhattisgarh High Court
The Chhattisgarh High Court was considering a Petition filed against the judgment of the Family Court allowing the application preferred by a daughter and asking the father to pay maintenance as well as her marriage expenses.
Justice Sanjay K. Agrawal, Justice Sanjay Kumar Jaiswal, Chhattisgarh High Court
While upholding an order asking a father to pay maintenance to his unmarried daughter, the Chhattisgarh High Court has held that by virtue of Section 3(b)(ii) read with Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, an unmarried daughter, is entitled for maintenance from her father till she is married, as well as marriage expenses, which is her statutory right. The High Court further held that the father has a responsibility to maintain his unmarried daughter even though she has attained the age of majority.
The Chhattisgarh High Court was considering a Petition filed under Section 19 of the Family Courts Act, challenging the judgment of the Family Court allowing the application preferred by the appellant’s daughter and granting Rs 2,500 per month as maintenance, as well as Rs 5 lakh towards her marriage expenses.
The Division Bench of Justice Sanjay K. Agrawal and Justice Sanjay Kumar Jaiswal held, “Coming to the facts of the present case in light of the aforesaid legal principles laid down by their Lordships of the Supreme Court in the matter of Abhilasha (supra), it is quite vivid that though the respondent/plaintiff is a major, aged about 25 years, but by virtue of Section 3(b)(ii) read with Section 20(3) of the Act of 1956, she, being an unmarried daughter, is clearly entitled for maintenance from her father appellant/defendant till she is married, as well as marriage expenses, which is her statutory right. The appellant/defendant, being the father of respondent/plaintiff, has a moral and legal responsibility and obligation to maintain his daughter, who is unmarried, even though she has attained the age of majority.”
Advocate Anurag Singh represented the Appellant while Advocate Utkarsh Patel represented the Respondent.
Factual Background
The respondent plaintiff (daughter) had filed an application under Section 20 read with Section 3(b) of the Act of 1956 stating that her father (appellant/defendant) had entered into a second marriage with a woman and was having two children out of that wedlock. It was the daughter’s case that she is 25 years old and is unable to maintain herself. It was further claimed that the appellant/defendant, being a Government Teacher, was earning Rs. 44,642 per month, and the daughter was entitled to maintenance as well as for marriage expenses to the extent of Rs 15,00,000.
The Family Court held that the respondent/plaintiff was unable to maintain herself, and was entitled to get a maintenance amount of Rs 2,500 per month from the appellant/defendant till her marriage and was also entitled to get Rs. 5,00,000 towards marriage expenses. Aggrieved by the order, the appellant/defendant approached the High Court.
Reasoning
The Bench noted that the relationship between the appellant/defendant and respondent/plaintiff, being that of a father and daughter, was not in dispute, and it was also undisputed that the appellant/defendant had performed a second marriage and had two children out of that wedlock.
Referring to section Section 3(b) of Hindu Adoptions and Maintenance Act, the Bench held, “A careful perusal of the aforesaid provision would show that clause (ii) of the definition of “maintenance” under Section 3(b) of the Act of 1956 is inclusive and an unmarried daughter’s expenses for marriage are included. In the case of an unmarried daughter, ‘maintenance’ includes reasonable expenses of and incidental to her marriage.”
Reference was also made to the judgment of the Apex Court in Abhilasha v. Parkash (2021), wherein it was held that Section 20 casts a statutory obligation on a Hindu to maintain his daughter who is unmarried and unable to maintain herself out of her own earnings or other property.
Coming to the facts of the case, the Bench held that the appellant/defendant, being the father of the respondent/plaintiff, has a moral and legal responsibility to maintain his daughter, who is unmarried, even though she has attained the age of majority. “He cannot deny to pay the marriage expenses on any ground whatsoever when he is getting a reasonably well salary by working as a Government Teacher as per Ex. P/4”, it noted.
Thus, dismissing the appeal, the Bench upheld the order of the Family Court granting Rs 2,500 per month to the daughter as maintenance till her marriage or till she is in a position to earn her livelihood and Rs 5 lakh towards her marriage expenses.
Cause Title: Raj Kumar Sonwani v. Kumari Purnima (Neutral Citation: 2025:CGHC:56721-DB)
Appearance
Appellant: Advocate Anurag Singh
Respondent: Advocate Utkarsh Patel
Amicus Curaie: Advocate Sharad Mishra