Kerala High Court on Tuesday observed that the right of an unmarried daughter to get suitable expenses concerning her marriage from her father cannot have a religious shade.
The Division Bench comprising Justice Anil K Narendran and Justice PG Ajithkumar observed this while considering a question as to whether there is a regulation entitling a Christian daughter to realize marriage expenses from the immovable property of her father or the profits therefrom. The Court added, “It is the right of every unmarried daughter distinct of her religion. There cannot be a discriminatory exclusion from claiming such a right based on one’s religion. The right of an unmarried daughter to get marriage expenses from her father is a legal right. By taking an analogy from the Hindu Adoptions and Maintenance Act that right, irrespective of religion can be enforced against the profits from the immovable property of the father.”
Court considered this question while considering petitions filed by two daughters residing with their mother, following the estranged marital relations between her and the respondent.
The petitioners submitted that the respondent had purchased the petition schedule property utilizing the fund raised by selling the gold ornaments of their mother and other financial help obtained from their mother and her family members, and a house was also built on the said property in which the respondent has been residing.
Subsequently, the petitioners filed an interlocutory application for an order of temporary injunction restraining the respondent from alienating or committing any act of waste in the petition schedule property.