Father Liable To Provide Maintenance To Daughter Born Out Of Interfaith Marriage: JW Aragadan Vs Hashmi NS & Anr

DATE OF JUDGEMENT:
3rd December, 2021

JUDGES:
Justices A.Muhamed Mustaque and Dr. Kauser Edappagath

PARTIES:
JW Aragadan (Appellant)
Hashmi NS (Respondent)

SUBJECT

The Court, in this case, held that the father is morally and legally liable to provide maintenance to a daughter born out of the inter-faith marriage. It is immaterial, while deciding the liability of the father, whether the daughter was raised in accordance with the same religion as that of the father or not.

OVERVIEW

1. The appellant, a Hindu, had married a Muslim woman (second respondent) and subsequently, a daughter (first respondent) was born to them out of the marriage.
2. When the daughter was three years old, the appellant and the second respondent separated and the mother subsequently married another man. The daughter was raised by her maternal grandparents and the grandparents, being Muslims, raised her as a Muslim.
3. The daughter filed a petition before the Family Court under the Hindu Adoption and Maintenance Act claiming maintenance from her biological parents for educational and marriage purposes.
4. The Family Court had passed a decree in favour of the daughter granting her 1,08,000 as past maintenance, 96,000 as maintenance for educational expenses and 14,66,860 as maintenance for marriage expenses.
5. The order of the Family Court was challenged before the High Court.
6. The petitioner contended that since the daughter was raised as a Muslim, she could not claim maintenance under the Hindu Adoption and Maintenance Act. Furthermore, the petitioner also challenged the quantum of damages awarded by the Family Court.

IMPORTANT PROVISIONS

Hindu Adoptions and Maintenance Act, 1956

• Section 3(b): father liable to provide reasonable expenses incident to the daughter’s marriage
• Section 20:liability of the parents to maintain their children, whether legitimate or illegitimate

ISSUES

• Whether the daughter was entitled to claim maintenance under the Hindu Adoption and Maintenance Act or not?
• Whether the daughter was entitled to claim maintenance for her marriage expenses? If yes, then what is the quantum of maintenance that she was entitled to?

ANALYSIS

1. The Court observed that since the petitioner was a Hindu, the daughter was entitled to file a petition under the Hindu Adoption and Maintenance Act, irrespective of whether she was raised as a Hindu or not. Where one of the parents is a Hindu, the child is entitled to file a petition under the Hindu Adoption and Maintenance Act.
2. The Court held that the father is considered to be the natural guardian of the child and as the natural guardian, he has the obligation to take care of the child.
3. The Court relied on its earlier judgment of Mathew Varghese v. Rosamma Varghese (2003 KHC 362) and stated that every father, irrespective of his religious beliefs, has the duty to maintain his child.
4. While deciding on whether the daughter is entitled to claim maintenance for her marriage expenses, the Court relied on the Supreme Court's judgment in the case of Shafin Jahan v. Asok K.M. and Others (AIR 2018 SC 1933), where the Apex Court had held that an essential part of Article 21 of the Indian Constitution is the right to marry a person of one's choice.
5. The Court held that Section 3(b) of the Hindu Adoptions and Maintenance Act, 1956 provides that a Hindu father is liable to bear the marriage expenses of his unmarried daughter.
6. The Court held that while the father is liable to pay the expenses of the daughter's marriage, this obligation extends only to the extent of reasonable expenses. The father cannot be forced to pay for a lavish wedding. The means and resources of the father have to be taken into consideration while deciding the quantum of maintenance.
7. The Court thus upheld the order of the Family Court while modifying the amount granted towards marriage expenses to rupees 3,00,000.

CONCLUSION

The Court rightly held that it is the moral and legal duty of the parents to maintain their child. In the absence of such duty, the child will be pushed to poverty, marginalization and destitution.

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