Daughters entitled to claim marriage expenses from father irrespective of religion: Kerala HC
The division bench made the observation when deciding whether there is a clause allowing a Christian daughter to realise wedding costs from her father's immovable property or the income from it.
FollowKochi: The Kerala High Court on Tuesday observed that an unmarried daughter is entitled to claim marriage expenses from her father and it cannot have a religious shade.Â
When deciding whether there is a clause allowing a Christian daughter to realize wedding costs from her father's immovable property or the income from it, the division bench made this observation. Justice Anil K Narendran and Justice PG Ajithkumar made the observation.
The court noted, "A daughter who is not yet married has the right to receive from her father financing for reasonable wedding-related expenses. Regardless of her religion, every unmarried daughter has the right to it. A person's religion cannot be used as a basis for discrimination to prevent them from exercising this right."
The Court also noted Section 39 of the Transfer of Property Act, 1882, and discerned that the right of an unmarried daughter to get marriage expenses from her father is a legal right.
The two petitioners in the case are the daughters of the respondents, who had been residing with their mother, following the estranged marital relations between her and the respondent. Before the Family Court in Palakkad, the petitioners filed a plea asking for the recovery of Rs. 45,92,600 towards their wedding expenses. They also sought a decree creating a charge for the said amount on the petition schedule property.
According to the petitioners, the respondent purchased the property listed on the petition schedule using money raised from the sale of their mother's gold jewellery and other financial assistance from their mother and her family. The petitioners also claimed that the respondent's residence was built on the petition schedule property.
The petitioners then submitted an interlocutory application for an order of temporary injunction prohibiting the respondent from disposing of any of the property listed in the petition schedule in any manner.
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