Unmarried daughter can declare marriage bills from dad and mom: Chhattisgarh HC
By PTI
RAIPUR: The Chhattisgarh High Court has dominated that an single daughter can declare the bills of marriage from her dad and mom underneath the provisions of the Hindu Adoptions and Maintenance Act, 1956.
A division bench of the excessive court docket in Bilaspur was listening to a petition filed by a 35-year-old girl, Rajeshwari, a local of Chhattisgarh’s Durg district.
The bench of Justices Goutam Bhaduri and Sanjay S Agrawal on March 21 allowed her plea for listening to by admitting that an single daughter can declare the quantity of her marriage from her dad and mom underneath the provisions of the Hindu Adoptions and Maintenance Act, 1956, stated the petitioner’s advocate A Ok Tiwari.
The bench put aside the order dated 22 April 2016 handed by the Principal Judge of household court docket Durg and remanded the matter to the household court docket for adjudication of the identical on deserves within the spirit of Section 3(b) (ii) of the Act of 1956.
The court docket has directed the events to seem earlier than the household court docket. The petitioner, daughter of an worker of Bhilai Steel Plant (BSP) Bhunu Ram, filed a petition in Durg household court docket underneath Hindu Adoptions and Maintenance Act, 1956, and made a declare that upkeep to the tune of round Rs 20 lakh be given to her within the mode of marriage expense.
The household court docket had on 7 January 2016 dismissed the applying by stating that there is no such thing as a provision within the Act {that a} daughter can declare the quantity of her marriage.
In her plea, Rajeshwari stated that the respondent, Bhanu Ram, goes to retire and more likely to obtain Rs 55 lakh as retiral dues, due to this fact, acceptable writ be issued directing the respondent-employer Bhilai Steel Plant to launch part of his retiral dues to the tune of Rs 20 lakh in her favour.
Challenging the order of the household court docket, Rajeshwari had moved the excessive court docket stating that as per the legislation, an single daughter can demand the bills of marriage from her father, claiming that the expense comes underneath the purview of upkeep, Tiwari stated.
The bench thought of the choice as vital and it has been accredited for reporting (AFR), he stated, explaining that the case would now be given place in all of the legislation books. This the primary of its form order by the excessive court docket of Chhattisgarh, Tiwari added.