Divorce not excuse for father to ignore marriage expense of daughters: Delhi HC

The Delhi High Court, while hearing a family dispute on Saturday, observed that divorce not excuse for father to ignore marriage expense of daughters. The court said that 'Kanyadan' is sacred responsibility and no father can ignore that responsibility. The man claimed in the court that his daughters are adults and are capable of sustaining themselves. The court ordered him to pay Rs85 lakhs for the marriage of his two daughters

New Delhi: The Delhi High Court on Saturday said that 'Kanyadan' is a sacred responsibility of a father and he cannot be exempted from it. A bench headed by Justice Vipin Sanghi made these observations while hearing a family dispute, wherein the father denied to look after the financial maintenance of his daughters after his divorce.

The woman who filed the case had previously filed a divorce at the family court of Tis Hazari, which was accepted. However, the court had rejected the woman's demand for the maintenance of her daughters. She therefore moved to the HC with a petition challenging this decision.

During the hearing at the High Court, the woman's husband argued that all her children are adults and therefore he is not bound to pay compensation under sections 24, 25 and 26 of the Hindu Marriage Act. He further clarified that under section 20 of the Hindu Adoption and Maintenance Act, compensation should be given only to unemployed and dependent daughters, while his children are completely self dependent.

The court rejected this argument and said that section 20 of the Hindu Adoption and Maintenance Act is applicable only to cases with disabled parents who are unable to sustain themselves and their children. It further clarified that it is not necessary that only non-earners are incapable of maintaining themselves. Even earning or employed people can find it extremely difficult or nearly impossible to make a balanced living, the court said.

Even if unmarried daughters are working, they cannot be expected to meet the expenses of their own marriage, the HC said. Conclusively, the court said that it's the father's responsibility to take care of the daughters, the expenses of their education and marriage. Additionally, the judge directed the father to pay Rs 85 lakh for the marriage of his two daughters.