The father as per law is a natural guardian of his children. If for any reason, the mother and father have parted ways and the father has stopped taking care of the children, doesn’t support the mother financially, the daughter can claim maintenance from the Father which can also include marriage expenses as provided by Hindu Adoptions and Maintenance Act. The definition of “maintenance” is inclusive of marriage expenditure hence it is the obligation of the father to pay for the marriage of his daughter as per social as well as economic status.

Recently the Delhi High Court was faced with the question as to “Whether unmarried daughters who have attained majority and are earning their own income are entitled for maintenance and expenses towards their marriage?”

In the case of Poonam Sethi v. Sanjay Sethi 2022 Delhi High Court, the above question was discussed in view of Section 20 of Hindu Adoption and Maintenance Act wherein the Court observed that “A father has a duty and an obligation to maintain his daughters and to take care of their expenses, including towards their education and marriage. This obligation is legal and absolute in character and arises from the very existence of the relationship between the parties. Kanya Daan is a solemn and pious obligation of a Hindu Father, from which he cannot renege.”

The Court while directing the father to pay a sum of Rs. 35 Lakhs and 50 Lakhs as marriage expenses to younger and elder daughter also negated the argument of the father that the daughters being major and earning could not be granted marriage expenses as part of maintenance. It was reiterated by the Court that the law does not give any provision which states that an unmarried daughter even if employed and earning be assumed to have resources to meet her matrimonial expenses.

Another important point discussed by the Court was the financial status of the father who majorly relied upon his Income Tax Returns to contend that he does not have that much resources to pay any maintenance, much less marriage expenses to the daughters. While relying upon the evidence inclusive of the cross examination of the father, the Court found that it was a bogey set up by him and the best evidence has not been produced. The Court looking at the lavish lifestyle and the expenditures found that the income shown by him is not believable and frowned upon the father who have failed to conduct himself as a responsible father. The Court thus held that the Father is a man of substantial means and is thus obligated to contribute towards the marriage expenses of his daughters.

In the end, the Court observed that “Each and every individual is entitled to basic resources like food, shelter, clothing, education, medical expenses and other necessities required to live a dignified life. Morally and legally, it the obligation of both the parents to provide these amenities, according to the status of life being led by them, to their children by way of maintenance.”

Another important take away from this case is that Section 3(b) of Hindu Adoption and Maintenance Act 1956 provides a definition which is inclusive of marriage expenses. Reference can be made to the relevant portion:

“maintenance” includes — (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;
(ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to her marriage;…

It was further quoted that “The definition is inclusive. It includes the provision of the reasonable expenses of and incident to marriage of daughter. It is thus clear that father, who has deserted his wife and
daughters is also liable to make provisions of reasonable expenses for the marriage of daughters. Thus, not under the old Hindu Law but under the codified Hindu Law also the father is bound to make such a provision as can be seen from the definition of word maintenance.”

Referring to various decisions of the Hon’ble Supreme Court, the Court observed that every father is under an obligation to maintain his daughters and even to get them married. The obligation to maintain the daughter and get her married is said to be personal in character and arises from the very
existence of the relationship. Under the Hindu Law, a daughter is entitled to be maintained out of estate of her father even after the death of the father. A father who lives separately from his wife, therefore, cannot escape the liability to maintain his daughters.

The maintenance thus, as contemplated under Act, 1956 is a larger concept as compared to concept of maintenance under Section 125 Cr.P.C and hence expenses for marriage are to be claimed in HAMA.

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