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Maintenance include marriage expenses of daughter

 

Muslim Father is Under obligation to pay marriage expenses to unmarried major daughter

 
Right/obligation to maintain the unmarried daughter includes the right/obligation to meet the marriage expenses of the unmarried daughters. This is so for all fathers – be they Hindus, Muslims, Christians or others. We adopt the following process of reasoning to reach that conclusion. They all have the duty under their personal law to maintain their children. Even ignoring the personal law, as declared in Mathew Varghese (supra), such a right/duty can be spelt out from Article 21 of the Constitution. Duty to maintain is not limited to provide for food, raiment and lodging.


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 1 Replies

Tajobsindia (Senior Partner )     27 June 2012

Thanks for the posting

Partially agreed with a (traditional J) chintu sa BUT;

1. In larger public interest views if maintenance to children is considered by Judicial minds to be “gender neutral” then rights / obligations to maintenance as in marriage expenses for a boy / male child should also be considered as father’s rights / obligations.
Reasoning:
As illustration look at the plight of marriageable age migrant male workers around your dwellings. Speak to them and ask “why not yet married / what is the problem you facing for your marriage” They all encore ki sahib sister ki marriage karani hai, mere father itna kaha de sakteyki meri bhi shaadi who karway sakey iss liye pade hai bina shaadi key!. [Translated as; Sir, first my sisters’ marriage needs to be done, from where my father will bring to get my marriage done hence living just like that!]


2. It is not that in all those court cases of child (either gender) maint. cases, earlier the male child till minority who was getting maint. and attaining age of marriage "seeks dowry and marriage expenses" from wife / in laws towards marriage expenses !


The above placed ultra vires needs careful re-reading to understand what exactly larger public interest is complaining about in name of "gender neutrality" while partially agreeing that a major un-married girl child needs maintenance from father thy name rights / obligations!.


That means father has no rights / obligations towards his other child i.e. male once he attains majority?


[In nature a male and or a female cub of a tigress is disowned once either attains majority cannot we take leads from mother nature whose siblings we primates are too
J]


That is why I admire ld. Rajender Kumar Shashtri the then ADJ, THC, Delhi who took by horn Centre last year in an interesting case which was before him concerning a MAJOR AGE MALE CHILD;

https://articles.timesofindia.indiatimes.com/2011-08-12/delhi/29880125_1_adj-shastri-hindu-adoption-child


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