Back
HIGH COURT OF KERALA
NASSAR, – Appellant
Versus
AKHILA, – Respondent
Mat.Appeal 19 2019
Maintenance - Maintenance Claim - Hindu Adoptions and Maintenance Act, 1956 - Sections 3(b), 3(b)(ii) - The court held that a father is obligated to provide maintenance and reasonable marriage expenses for his unmarried daughter, regardless of religion, drawing on interpretations of personal law principles.
Fact of the Case:
The daughter filed for maintenance and marriage expenses against her father, alleging cruelty and financial neglect. Despite admitting relationship, the father disputed the claims regarding his financial capacity and the necessity of expenses claimed.
Finding of the Court:
The court recognized the daughter's lack of income and acknowledged the father's obligation to maintain her, while reviewing presented evidence on his financial status and capability to pay maintenance and marriage expenses.
Issues: Whether the father was liable to pay the claimed maintenance and marriage expenses to his unmarried daughter, considering his financial status and obligations under personal law.
Ratio Decidendi: The court established that a father, regardless of religious background, is liable for the maintenance and reasonable marriage expenses of his unmarried daughter, as supported by both statutory provisions and case law.
Final Decision: The appeal was partially allowed, adjusting the maintenance amount and awarding specific marriage expenses.
J U D G M E N T
SOPHY THOMAS, J.
This appeal has been preferred by the father who was directed by the impugned judgment and decree to pay maintenance and marriage expenses to his daughter.
2. The respondent-daughter filed O.P.No.815 of 2014 against her father claiming maintenance (past and future), gold, and also marriage expenses of Rs.29,15,000/-. The Family Court, Chavara, allowed that O.P. in part directing him to pay Rs.76,000/- towards past maintenance, future maintenance at the rate of Rs.3000/- per month from 01.01.2015 to 31.12.2017, and thereafter, @ of Rs.4000/- per month till she gets married, and Rs.16,35,000/- towards anticipated marriage expenses. Aggrieved by the judgment and decree her father has come up with this appeal.
3. The facts in brief are as follows: The appellant father treated his wife and children in a cruel manner and he failed to look after them properly. So they had to seek shelter at their maternal aunt's home. A criminal case was registered against the father under Sections 498A, 324 and 308 of IPC. Knowing about the case registered against him, he left the house, taking valuable household articles, including gold ornaments of the respondent/daughter. She passed B.A decree and was doing B.Ed decree at the time of filing O.P. She had no job or income, and though interim maintenance was ordered in M.C.271 of 2011 against the father, he was not making regular payment. He is owning a Saw mill, he has got several vehicles, and he is running furniture business also. He has got immovable properties, and he is doing real estate business as well. His monthly income is Rs.4,10,000/. The petitioner is entitled to live at par with the status of her father, and so she claimed Rs.10,000/- per month, towards her maintenance. She was about to marry. But due to financial constraints her mother was not able to conduct her marriage. Going by the status of her father, she needs 100 sovereigns of gold and a car for her marriage. Moreover amounts are needed for marriage feast, hall etc. So towards marriage expenses she claimed Rs.29,15,000/-. Claiming those reliefs, she filed the O.P. against her father.
4. The father filed objection admitting the relationship, but refuting the case of desertion. He never took away the ornaments of the daughter and he was attending the household affairs, as well as all the needs of the children. Admittedly, he was running a Saw mill and furniture business. But he is not getting monthly income as stated by the daughter in her petition. He has got only one car for his personal use. He is a Cardiac patient and he lost his business, and now, the furniture shop has been closed. He is ready to give his daughter in marriage, according to his capacity. He is not in a position to give 100 sovereigns of gold ornaments and a car for his daughter. So, he prayed for dismissal of the petition.
5. The parties went on trial. PWs.1 to 3 were examined and Exts.A1 to A3 were marked from the side of daughter. DWs 1 to 3 were examined and Exts.B1 to B3 were marked from the side of the father. Ext.X1 series were marked as witness Exhibits.
6. On consideration of the evidence and documents put forward from either side, the Family Court partly decreed the O.P., against which the father has approached this Court.
7. The appellant-father is admitting the relationship. The respondent-daughter is not having any job or income to maintain herself also is not disputed.
The parties are Muslims.
8. As far as, a Hindu father is concerned, Section
3(b) of the Hindu Adoptions and Maintenance Act, 1956 , obliges him to maintain his unmarried daughter, which specifically includes the right to claim marriage expenses also. Section 3 (b)(ii) of the says, that in the case of an unmarried daughter, maintenance includes, reasonable expenses of an incident to her marriage, apart from provisions for food, clothing, residence, education and medical attendance and treatment, envisaged under Section
3(b)(i).
9. A Division Bench of this C
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
