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“The obligation to maintain the daughter and get her married arises from the very existence of the relationship,” the court held.
Under the Hindu Law, a daughter is entitled to be maintained out of the estate of the father even after death of the father, Justice C L Pangarkar of the Nagpur bench of the High Court has said.
The court was hearing an application filed by one Kusum Rewatkar (58) of Wardha district in 2006, for recovering the amount she spent on the marriage of her three daughters.
Kusum, a mother of five daughters, was separated from husband Nathuji about 25 years ago after he married another woman.
Kusum said that as Nathuji is the father of the girls, he is bound to get them married. Also, she did not have any source of income and therefore had borrowed Rs 1,95,000 for the expenses incurred at the time of marrying three daughters.
Kusum had also told the court the Nathuji had failed to maintain her and the children. He had assured her that he would pay the amount and asked her to incur loans for the marriage of three of the daughters.
Nathuji, however, denied that he had not maintained his daughters or that he had asked Kusum to take a loan. Also, he said that the amount spent was not as much as she sought.
Despite Kusum being unable to prove that she had taken loans, Justice Pangarkar directed Nathuji to pay her Rs 75,000 as reimbursement for the expenses she made on the daughters’ marriages.
In this case, Nathuji, who has a source of income from salary and agricultural land... has deserted his wife and daughters, is liable to make provisions of reasonable expenses for the marriage of daughters according to the codified Hindu Law, the judgement said.
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The headline is confusing but the High Court verdict is appropriate. The interpretation appears to be that if and when a daughter is ready and willing to marry, the father has the responsibility to make that happen within his reasonable means. The short news story has many inconsistencies or incomplete facts. That is not a mark of good journalism. If the couple only “separated,” but not divorced, the man could not have married again without committing bigamy. The woman “did not have any source of income” and yet was able to bring up the children for twenty five years and was also able to borrow a lot of money for the marriages!
It is a Historical judgement.In fact it should be mandatory for every father to get his daughter married.Some of the comments have brought in another dimension which is not part of original script.In fact all communities marriage laws shouls incorporate these provisions.This will be possible when all marriages are registered as per the Law in the courts.I salute our Judiciary.
Where is the freedom of being self? Is daughter a pet that only father and not her herslef should decide about her life? HC judeges too can be from Sas Bahu Serials y´know!
It is all very making such lofty pronouncement.What happens when you have rascal of a fatherlike Nautankee, who is so selfish, arrogant and is egocentric,who does not care a jot about his daughters??????.The court should investigate this shame and scandal and take this weasal to task.It is about time the Judiciary flexed its muscle and began to bite.The Goondas and the Thugs are having a field day,they have to be reined back period.India must not become a land of Mafias and Dawoods (Criminality).
Whats up with the "Hindu law" mentioned by the judge. Shouldn't he just worry about the constitution? Are we gonna come up with a "Sharia" equivalent?
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