Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
POONAM SETHI – Appellant
Versus
SANJAY SETHI – Respondent
MAT.APP.(F.C.)-31/2021

A father has a legal and moral obligation to contribute towards the marriage expenses of his unmarried daughters, even if they are employed and earning an income.

Headnote:
MAINTENANCE - HINDU MARRIAGE ACT, 1955 - SECTION 24 - MAINTENANCE PENDENTE LITE - SECTION 25 - PERMANENT ALIMONY - HINDU ADOPTION AND MAINTENANCE ACT, 1956 - SECTION 20 - MAINTENANCE OF CHILDREN AND AGED PARENTS - MAJOR DAUGHTERS - ENTITLEMENT TO MAINTENANCE - MARRIAGE EXPENSES - OBLIGATION OF FATHER - UNMARRIED DAUGHTERS - DEPENDENTS - INABILITY TO MAINTAIN THEMSELVES - INTERPRETATION - SCOPE OF SECTION 20(3) - QUANTUM OF MAINTENANCE - FACTORS TO BE CONSIDERED - FINANCIAL STATUS OF PARTIES - LIFESTYLE - INCOME - EXPENDITURE - CONDUCT OF PARTIES - CIRCUMSTANCES OF CASE - REASONABLE EXPENSES OF MARRIAGE - DETERMINATION - GUESSWORK - OBLIGATION OF FATHER TO CONTRIBUTE TOWARDS MARRIAGE EXPENSES OF UNMARRIED DAUGHTERS - LEGAL AND MORAL OBLIGATION - ABANDONMENT OF DUTIES - FINANCIAL BURDEN ON MOTHER - UNJUST ENRICHMENT - RESTORATION OF RELATIONSHIP BETWEEN FATHER AND DAUGHTERS - IMPORTANCE OF FATHER-DAUGHTER BOND - ROLE OF MOTHER IN BRIDGING THE GAP - PARTICIPATION OF FATHER IN DAUGHTERS' MARRIAGE FUNCTIONS - EXPECTATION OF RESPECTFUL AND GRACEFUL WELCOME.
Fact of the Case:

The Appellant-wife filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce on the ground of cruelty and has dissolved the marriage between the parties. However, the Appellant is aggrieved by the non-grant of maintenance allowance for herself and the two major daughters of the parties.
Finding of the Court:

The Court held that the Respondent-husband is obligated to contribute towards marriage expenses of his unmarried daughters. The Court directed that an amount of Rs. 35 lakhs be paid towards marriage expenses of the elder daughter, namely, Sahiba. Further, an amount of Rs. 50 lakhs to be paid for the marriage expenses of the younger daughter, namely, Ananya.
Issues: 1. Whether unmarried daughters who have attained majority are entitled to maintenance under Section 20 of the Hindu Adoption and Maintenance Act, 1956?2. Whether the father has a legal and moral obligation to contribute towards the marriage expenses of his unmarried daughters?3. What factors should be considered in determining the quantum of maintenance for marriage expenses?
Ratio Decidendi: 1. Unmarried daughters who have attained majority are entitled to maintenance under Section 20 of the Hindu Adoption and Maintenance Act, 1956, if they are unable to maintain themselves.2. The father has a legal and moral obligation to contribute towards the marriage expenses of his unmarried daughters, even if they are employed and earning an income.3. The quantum of maintenance for marriage expenses should be determined based on the financial status of the parties, their lifestyle, income, expenditure, conduct of the parties, and other circumstances of the case.
Final Decision: The Court allowed the appeal to the extent of granting a lump sum maintenance amount for the marriage expenses of the two daughters, as aforesaid.

MAT.APP.(F.C.) 31/2021

Page 1 of 32

$~2

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 01.12.2021

Judgment delivered on: 07.01.2022

MAT.APP.(F.C.) 31/2021

POONAM SETHI

.....Appellant

Through:

Mr. Bhuvan Mishra, Adv. with

Appellant-in-person

versus

SANJAY SETHI

..... Respondent

Through:

Mr. Anshul Narayan and Mr. Sourabh

Pahwa, Advs. with Respondent-in-person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MR. JUSTICEJASMEET SINGH

J U D G M E N T

JASMEET SINGH, J

The present appeal has been filed under Section 28(2) of the Hindu

Marriage Act, 1955 read with Section 19 (1) of the Family Courts

Act, 1984 against the judgment and order dated 28.11.2020 passed by

the Family Court (West) in the matter of Poonam Sethi Vs. Sanjay

Sethi in HMA No. 39/2017. In the impugned judgment, the Family

Court has allowed the petition filed by the Appellant wife under

Section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of

marriage by a decree of divorce on the ground of cruelty and has

2022:DHC:96-DB

MAT.APP.(F.C.) 31/2021

Page 2 of 32

dissolved the marriage between the parties. However, the Appellant is

aggrieved by the non-grant of maintenance allowance for herself and

the two major daughters of the parties.

The Appellant has filed the present appeal seeking the following

substantial the following prayer: -

case;”

Briefly stating the facts giving rise to filing of the present appeal are

as under.

The Appellant got married to the Respondent on 11.10.1986 as per

Hindu rites and ceremonies. Since marriage, the Appellant was

residing with the Respondent at First Floor, F-90 Kirti Nagar, New

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MAT.APP.(F.C.) 31/2021

Page 3 of 32

Delhi. Out of the wedlock, 3 children were born, namely Sahiba

(DOB-03.11.1987), Ananya (DOB- 28.08.1994) and Atharv (DOB-

11.07.1997). The eldest daughter Sahiba is currently working in

London after completing her graduation in Fashion Journalism from

London. The other children, namely, daughter Ananya and son Atharv

are in Appellant’s sole care and custody.

It is the case of the Appellant that for the past 9 - 10 years, all 3

children were brought up by the Appellant single handedly, including

taking care of their food, clothes, education, tuitions, travelling,

extracurricular activities, entertainment, sports, medical needs etc.

without any contribution from the Respondent.

It is the case of the Appellant that owing to the abdication of duties by

the Respondent since the year 2010, the Appellant started crumbling

under the financial burden of supporting their 3 children all on her

own, without any financial relief for such a long period.

It is in this background, that the Appellant filed an application for

maintenance pendente lite on 19.03.2015 under Section 24 read with

Section 26 of the Hindu Marriage Act, 1955 for herself and her minor

son. The Appellant also filed a detailed income affidavit along with

the relevant documents. After the judgment of Kusum Sharma vs.

Mahender Sharma,the Appellant again filed a detailed income

affidavit on 11.12.2015, along with supporting documents including

bank statements and invoices.

In the year 2016, Respondent also filed an income affidavit stating

that he is unemployed and has no income. On 21.02.2017, the

Appellant filed another application under Section 24 of the Hindu

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MAT.APP.(F.C.) 31/2021

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Marriage Act, 1955 for urgent directions to the Respondent to pay to

the Appellant, an amount commensurate with his income. As per the

Appellant, the Family Court was of the opinion, that instead of

deciding upon an interim maintenance which may not sufficiently

take care of the needs of the Appellant and her children, the Appellant

may lead her evidence in the matter comprehensively (including on

financial aspects) so that matter of financi

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DELHI HIGH COURTPOONAM SETHI – AppellantVersusSANJAY SETHI – RespondentMAT.APP.(F.C.)-31/2021

A father has a legal and moral obligation to contribute towards the marriage expenses of his unmarried daughters, even if they are employed and earning an income.

DELHI HIGH COURT
POONAM SETHI – Appellant
Versus
SANJAY SETHI – Respondent
MAT.APP.(F.C.)-31/2021