Every Unmarried Daughter Has Right To Get Reasonable Marriage Expenses From Her Father Irrespective Of Religion: Kerala HC
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- 20 Feb 2024 --
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every unmarried daughter has right to get reasonable marriage expenses from her father irrespective of religion.
There can be no gainsaying that the Kerala High Court has in a most learned, laudable, landmark and latest judgment titled XXX & Anr. v. YYY in O.P.(FC) Nos. 704 and 721 of 2022 against the order dated 23.11.2022 in I.A.No.11 of 2022 in O.P.No.87 of 2022 on the file of the Family Court, Palakkad and cited in 2023 LiveLaw (Ker) 195 that was finally heard on April 4, 2023 and pronounced as recently as on April 12, 2023 very rightly propounded that every unmarried daughter has right to get reasonable marriage expenses from her father irrespective of religion. There can be just no denying or disputing it. It must be mentioned that the Kerala High Court had gone deep into the moot question as to whether there is a provision that entitles a Christian daughter to realize marriage expenses from the immovable property of her father or the profits therefrom and answered the same in the affirmative.
At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble Mr Justice P.G. Ajithkumar for a Division Bench of the Kerala High Court comprising of Hon’ble Mr Justice Anil K Narendran and himself sets the ball in motion by first and foremost putting forth in the opening para that, The petitioners in O.P.No.87 of 2022 before the Family Court, Palakkad have filed these Original Petitions under Article 227 of the Constitution of India.
As we see, the Division Bench states in para 2 that:
In O.P.(FC) No.704 of 2022 the petitioners challenge the order of the Family Court dated 23.11.2022 in I.A.No.11 of 2022 in O.P.No.87 of 2022. That interlocutory application was filed by the petitioners seeking an order of attachment before judgment. The Family Court allowed that application in part and ordered attachment of the property to secure an amount of Rs.7,50,000/-.
Further, the Division Bench mentions in para 3 that:
In O.P.(FC) No.721 of 2022 the petitioners challenge the common order of the Family Court dated 23.11.2022 in I.A.Nos.2 and 9 of 2022 in O.P.No.87 of 2022. The petitioners filed I.A.No.2 of 2022 seeking an order of temporary injunction restraining the respondent from alienating or committing any act of waste in the petition schedule property. The Family Court on 2.3.2022 passed an interim injunction. The respondent filed I.A.No.9 of 2022 seeking to vacate the order of injunction. The Family Court as per the impugned common order dismissed I.A.No.2 of 2022 and allowed I.A.No.9 of 2022.
Furthermore, the Division Bench observes in para 4 that:
On 22.12.2022, notice on admission was directed to be served on the respondent in O.P.(FC) No.704 of 2022. An interim order to retain the petition schedule property under the attachment was granted for one month. The interim order has been extended from time to time.
Simply put, the Division Bench reveals in para 5 that:
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