Girls have the right to expect funds for their intended marriage from their fathers, even if the daughter and her mother have other means of income, the Kerala High Court held. This law applies to illegitimate children as well.
The decision by a division bench of the court was made after considering an appeal (Mat. Claim No. 1234/2015) recorded by Ambika Aravindakshan from Coimbatore. She had challenged the Palakkad family court’s decision which ruled that she was not qualified to receive any marriage expenses from her father, K Aravindakshan of Akathethara in Palakkad, as she and her mother receive a rental income of Rs 12,000. She had asked for Rs 5 lakhs from his father.
According to a report by Times of India, the judgement stated that even if a mother had income and she looked after her daughter, the daughter has all the rights to claim money from his father.
“One can just imagine what amount the petitioner or her mother could have saved after meeting the day to day expenses. The respondent (father) has got no case that the petitioner or her mother is employed or that they have got any other source of income. In these circumstances, we have no hesitation to find that the order of the lower court rejecting the claim of the petitioner in toto is erroneous,” the division bench said.
Based on the judgement, the obligation of the father arises from Section 20(1) of Hindu Adoptions and Maintenance Act, 1956. According to the act, A Hindu is supposed to support his/her real or illegitimate children and his/her old or sick parents. The right to claim for marriage expenses comes under section 3(b)(ii), which states reasonable costs of an incident of a daughter’s marriage.