Hindu Daughter Can Claim Marriage Expenses From Father: Kerala HC [Read Judgment]
7 years, 2 months ago

Hindu Daughter Can Claim Marriage Expenses From Father: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that an unmarried Hindu daughter has the legal right to claim from her father reasonable expenses for marriage. This is based on Section 20 of the Hindu Adoptions and Maintenance Act, 1956, as per which a father has the legal obligation to maintain his unmarried daughter, whether legitimate or illegitimate. A division bench comprising Justice PN Ravindran and Justice Narayana Pisaharadi was dealing with an appeal filed by the daughter, against the order of the family court which rejected her claim for marriage expenses. However, it was held that the father will, nevertheless, have the obligation to meet marriage expenses, although the daughter got married subsequent to the institution of proceedings.

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History of this topic

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 2 days ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Parents can be compelled to provide funds for daughter's education: Supreme Court
2 months, 1 week ago

Parents can be compelled to provide funds for daughter's education: Supreme Court

Hindustan Times  

The Supreme Court recently observed that daughters have an "indefeasible, legally enforceable and legitimate right" to secure educational expenses from their parents. The Supreme Court further observed that the daughter has a fundamental right to pursue her education for which the parents can be compelled to cough up the funds. All that we observe is that the daughter has a …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months, 1 week ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

Burden Of Proof To Establish Lack Of Means To Maintain Spouse Lies On Party Who Expresses Such Inability: Kerala High Court
6 months, 3 weeks ago

Burden Of Proof To Establish Lack Of Means To Maintain Spouse Lies On Party Who Expresses Such Inability: Kerala High Court

Live Law  

The Kerala High Court held that in a suit for maintenance, it is upon the respondent to prove that he does not have enough means to maintain the claimant. The Court observed that evidence to prove the means of a person will be within his exclusive knowledge and therefore, it is upon him to disprove the claim put by the …

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court
7 months, 3 weeks ago

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court

Live Law  

The Kerala High Court held that a male child who has attained majority cannot claim maintenance from their father as per the provisions of the Protection of Women from Domestic Violence Act, Section 125 of CrPC and Section 20 of the Hindu Adoption and Maintenance Act. Therefore, the Court stated that a person who ceases to be a child upon …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
1 year, 1 month ago

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance

Live Law  

The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job. While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 5 months ago

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court

Live Law  

Editor's Note: On September 1, the Supreme Court in Revanasiddappa vs. Mallikarjun recognized the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The Telangana High Court on August 28 had held that a child born out of a second marriage, a void marriage under the Hindu Marriage Act, cannot claim share …

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court
1 year, 6 months ago

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court

Live Law  

The Delhi High Court has observed that a divorced daughter is not a “dependent” under the Hindu Adoptions and Maintenance Act, 1956, and that she is not entitled to claim maintenance from the estate of her deceased father.“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a “divorced daughter” does not …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 6 months ago

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income. While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a …

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court
1 year, 9 months ago

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court

Live Law  

The Kerala High Court recently held that married daughters belonging to the Hindu Malayala Kammala caste would also be entitled to a share in the self-acquired property of their parent. It held that any custom governing intestate succession in respect of the self acquired property of a Hindu that was inconsistent with the provisions of the Hindu Succession Act, 1956, …

Unmarried Daughter Has Right to Reasonable Marriage Expenses from Father Irrespective of Religion: Kerala HC
1 year, 11 months ago

Unmarried Daughter Has Right to Reasonable Marriage Expenses from Father Irrespective of Religion: Kerala HC

News 18  

The Kerala High Court recently ruled an unmarried daughter had the right to receive reasonable expenses from her father for her marriage, irrespective of her religion. The court was dealing with pleas moved by two Christian sisters, who sought realisation of Rs 45,92,600 from their father towards their marriage expenses. Also, in 2011, a division bench of the high court, …

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court
2 years, 9 months ago

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court

Live Law  

The Delhi High Court has observed that in India, a brother does not abandon his divorced sister and accordingly, the expenditure borne by him in supporting his sister must be taken into account while passing an order of maintenance in favour of his wife. The Delhi High Court has observed that in India, a brother does not abandon his divorced …

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC
3 years, 2 months ago

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC

Live Law  

The Delhi High Court has observed that a father cannot abdicate his responsibility of looking after his unmarried daughters and that he has a duty and obligation to maintain them, including taking care of their expenses towards education and marriage.A Bench of Justices Vipin Sanghi and Jasmeet Singh added that 'Kanya Daan' is a solemn and pious obligation of a …

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court
3 years, 4 months ago

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court

Live Law  

A Delhi Court has recently observed that the statutory obligation to maintain a child is the paramount wish of a father and he cannot be permitted to limit the same on flimsy or baseless Grounds. Special Judge Deepak Wason also observed that while it is the statutory duty of the husband to maintain his wife and minor child, he cannot …

Father can't be absolved of responsibilities to meet son's education expenses after he turns 18: Delhi HC
3 years, 5 months ago

Father can't be absolved of responsibilities to meet son's education expenses after he turns 18: Delhi HC

India Today  

The Delhi High Court has ruled that a father cannot refuse to pay for his son's education merely because he has attained the age of majority. While dismissing a plea by a man seeking to absolve himself from paying for his son's education after the age of 18 years, the high court said the father must carry the financial burden …

Major Unmarried Daughter Not Suffering From Any Physical Or Mental Abnormality Not Entitled To Claim Maintenance From Father U/s 125 Of CrPC: SC [Read Judgment]
4 years, 6 months ago

Major Unmarried Daughter Not Suffering From Any Physical Or Mental Abnormality Not Entitled To Claim Maintenance From Father U/s 125 Of CrPC: SC [Read Judgment]

Live Law  

The Supreme Court has held that a daughter who attained majority and is still unmarried is not entitled to claim maintenance from her father in proceedings under Section 125 Cr.P.C. The bench headed by Justice Ashok Bhushan held that unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20 of the Hindu Adoptions …

Father's Pensionary Benefits Not Exempt From Attachment Towards Payment Of Maintenance To Children : Kerala HC [Read Judgment]
5 years, 1 month ago

Father's Pensionary Benefits Not Exempt From Attachment Towards Payment Of Maintenance To Children : Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that a father's pensionary benefits are not immune from attachment towards payment of maintenance to children. Dias was considering the question whether the father's pensionary benefits are exempted from being disbursed towards arrears of maintenance payable to his children.This was in an Original Petition. Dias was considering the question whether the father's pensionary benefits …

Exorbitant Amounts Can't Be Claimed Towards 'Marriage Expenses' From Parent: Kerala HC [Read Judgment]
6 years, 1 month ago

Exorbitant Amounts Can't Be Claimed Towards 'Marriage Expenses' From Parent: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that only the minimum amount required for conducting a simple marriage function can be claimed by a daughter as 'marriage expenses' from her parent.Two daughters had approached family court seeking past and future maintenance, educational expenses and marriage expenses, from their father. The Kerala High Court has observed that only the minimum amount required …

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]
6 years, 11 months ago

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]

Live Law  

The Bombay High Court, in Agnes Lily Irudaya v Irudaya Kani Arsan, has held that the unmarried daughter though the attained majority is entitled to claim maintenance from the father.In this case, the mother had approached the family court claiming maintenance from her husband for daughter who had turned major but IS unmarried, for meeting her educational expenses. The Bombay …

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]
6 years, 11 months ago

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]

Live Law  

The Bombay High Court, in Agnes Lily Irudaya v Irudaya Kani Arsan, has held that the unmarried daughter though the attained majority is entitled to claim maintenance from the father.In this case, the mother had approached the family court claiming maintenance from her husband for daughter who had turned major but IS unmarried, for meeting her educational expenses. The Bombay …

Hindu Daughter Can Claim Marriage Expenses From Father: Kerala HC [Read Judgment]
7 years, 2 months ago

Hindu Daughter Can Claim Marriage Expenses From Father: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that an unmarried Hindu daughter has the legal right to claim from her father reasonable expenses for marriage. This is based on Section 20 of the Hindu Adoptions and Maintenance Act, 1956, as per which a father has the legal obligation to maintain his unmarried daughter, whether legitimate or illegitimate. A division bench comprising …

Kerala HC Allows Muslim Father to Alienate Immovable Property of Daughter
7 years, 4 months ago

Kerala HC Allows Muslim Father to Alienate Immovable Property of Daughter

Live Law  

A Kerala High Court ruling has ruled that a Muslim father can act as the legal guardian of his minor daughter so as to alienate immovable property. The ruling was given by dismissing the appeal suit of a Muslim daughter who had sought for partition of property, ignoring the alienation effected by her father in capacity of her legal guardian.

Muslim Father Can Act As Legal Guardian Of Minor Daughter To Alienate Immovable Property: Kerala HC [Read Judgment]
7 years, 4 months ago

Muslim Father Can Act As Legal Guardian Of Minor Daughter To Alienate Immovable Property: Kerala HC [Read Judgment]

Live Law  

Referring to tenets of Muhammedan law, the Kerala High Court has ruled that Muslim father can act as the legal guardian of his minor daughter so as to alienate immovable property. The ruling was given by dismissing the appeal suit of a Muslim daughter who had sought for partition of property, ignoring the alienation effected by her father in capacity …

Kerala 'love jihad' case: Supreme Court orders father to produce Hadiya before bench on 27 November
7 years, 4 months ago

Kerala 'love jihad' case: Supreme Court orders father to produce Hadiya before bench on 27 November

Firstpost  

The Supreme Court on Monday directed the father of a Kerala woman, who had converted to Islam and married a Muslim man New Delhi: The Supreme Court on Monday directed the father of a Kerala woman, who had converted to Islam and married a Muslim man, to produce her before it on 27 November. A bench, comprising chief justice Dipak …

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More
8 years, 2 months ago

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More

Live Law  

The Punjab and Haryana High Court has dismissed a petition against the decision of the district court, Pathankot, which granted the wife right to maintenance under the Hindu Marriage Act, 1955 even when she was earning more than her husband.The lower court had ordered the husband to pay Rs. The Punjab and Haryana High Court has dismissed a petition against …

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