An unmarried daughter is entitled to seek maintenance towards marriage expenses under the Hindu Adoption & Maintenance Act, 1956, if she is unable to perform her marriage out of her earnings and other properties, regardless of her earning capacity.

M. JEYAPAUL, J.

1. Defendant before the trial Court Adish Suri, the father of the plaintiff Ms. Richa Suri, aggrieved by the directions of the trial Court to pay a sum of Rs.3,50,000/- to the plaintiff towards her marriage expenses under Section 20 and 23 of the Hindu Adoption & Maintenance Act, 1956 has filed the present appeal.

2. It was the contention of the plaintiff who is the respondent herein that she was granted maintenance by the Family Court, Faridabad @ Rs.6000/- per month vide judgment dated 16.2.2011. The petition filed by her under Section 25 of the Hindu Adoption & Maintenance Act praying for enhancement of the said maintenance is pending disposal. She has contended that she had done her Masters degree in Physiotherapy and obtained a degree from Parkash Institute of Physiotherapy Rehabilitation and Allied Medical Science. She has attained marriageable age. Her mother is in search of a suitable match for her. The defendant who is the appellant herein being the father of the respondent is liable to bear the marriage expenses of his daughter. She has contended that her father is earning a sum of Rs.2 lakhs per month from a reputed company.

3. The defendant who is the appellant herein submitted that he has been paying a sum of Rs.6000/- per month towards maintenance to the respondent right from July, 2007. Having completed her Masters Degree in Physiotherapy in 2014, she worked in R.R. Army Hospital. Thereafter, she started serving in Metro Specialty Hospital. She is drawing a handsome salary from the said organization. The mother of the complainant is an established lawyer having 11 years standing at the Bar. The defendant is 56 years old and is about to retire in the next 2 years. As he did not have any savings, he is unable to shoulder the marriage expenses of the plaintiff.

4. The trial Court having rejected the plea of the defendant that the plaintiff was not entitled to get marriage expenses from the defendant, considering the requirement of the plaintiff and her status in the absence of any income derived by her, directed the defendant to pay a sum of Rs.3,50,000/- to her towards her marriage expenses.

5. Learned counsel appearing for the appellant/defendant vehemently submitted referring to the admissions made by the respondent that she had resigned from the job of Metro Hospital in order to carry on her clinical work and for her better prospects. It is his submission that the qualifications acquired by the respondent, her confidence to better her prospects by continuing her clinical work after resigning a covetable post in Metro Hospital would go to establish that she had acquired earning capacity. Further, it is his submission that the appellant who has been paying a sum of Rs.6000/- per month towards maintenance should not have been directed to pay a sum of Rs.3,50,000/- towards marriage expenses to the respondent. Referring to the decision of the Hon'ble Kerala High Court in Muhammed vs. Kunhayisha, 2003(3) KLT 106, it was submitted by learned counsel appearing for the appellant that the respondent who is capable of maintaining herself with higher qualification she has acquired, is not entitled to seek maintenance.

6. Let us first take up the legal proposition as regards the maintainability of such a prayer made by the respondent seeking maintenance in the shape of marriage expenses apart from the monthly maintenance already ordered by the Family Court. Section 3(b) of the Hindu Adoption & Maintenance Act, 1956, reads that the maintenance includes in the case of an unmarried daughter the reasonable expenses of and incident to her marriage as well. Therefore, under the above provision of law, the unmarried daughter is entitled to seek maintenance towards the marriage expenses as well.

7. The respondent has filed the suit under Sections 20 and 23 of the Hindu Adoption & Maintenance Act, 1956. Section 23 of the Act deals with the discretion of the Court that shall be exercised while determining the quant