(Guest)

Whether father has legal right to perform kanyadan of his da

Whether father has legal right to perform Kanyadan of his daughter?

As rightly observed by the learned single Judge the bride in this case, namely, defendant No.5 is a major. She has the capacity and every right to decide as to in what form her marriage shall take place; whether ceremonies and rites prevailing in her family shall be adopted or if there are different ceremonies prevailing in the family of the bride-groom they shall be adopted. Even assuming that 'Kanyadana' is an important ceremony in a Hindu Marriage and normally a father considers performing 'Kanyadana' not only as a privilege but as an obligation to redeem himself from 'Pitruruna', the plaintiff cannot ignore himself to perform the ceremony against the will of his daughter-defendant No.5 who is a major. It may be mentioned that defendant No.5 in her written statement and otherwise as seen from the record made it clear that she does not desire the petitioner to participate in any ceremonies pertaining to her marriage. In fact, even while this appeal was pending, defendant No.5 was enquired with by this Court and she emphatically reiterated that she does not desire the participation of the plaintiff in the rites and ceremonies pertaining to her marriage. It is, therefore, obvious that the plaintiff cannot claim any legal right to perform 'Kanyadan' in the facts and circumstances of the case and cannot seek the relief of declaration and injunction sought for by him or any direction to enable him to perform the said 'Kanyadana' in 5th defendant's marriage.

Andhra High Court

Ramlal Agarwal vs Shanta Devi And Others on 2 April, 1999

Equivalent citations: 1999 (3) ALD 19, 1999 (3) ALT 197, I (2000) DMC 640

Bench: B S Reddy, V Rao

https://www.lawweb.in/2015/07/whether-father-has-legal-right-to.html

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6 Replies

(Guest)

Provided, he has fathered the girl child and been there no matter what, only then he has ethical rights to do kanyadaan. or else no.

Biswanath Roy (Advocate) 03 August 2015

When 'Kanyadan' system was introduced in Hindu society at that time marriage of girl child was prevailing in the society and minor girls were treated as 'RATNA' viz., Jewel under the ownership of father. As the father was treated as owner of 'KANYA' only he was elligible to hand over his jewel to some other person absolutely and forever. But now the Society has been changed, early marriage or minor girls marriage in Hindu Society is seldom. A major girl is the absolute owner of her body so she herself can give her body as to her own choice and will to any person.

(Guest)

Sir Mr Roy,

Going by the definition.

it looks correct. "A major girl is the absolute owner of her body so she herself can give her body as to her own choice and will to any person."

But absolutely third class definition sir.

Biswanath Roy (Advocate) 03 August 2015

I anticipate first class definition from gyaan to enrich my gyaan.

advocatepassy@gmail.com 971794 (Advocate) 11 September 2015

Kanyadaan is a social responsibility of the father who has provided emotional, financial, social support to the girl child. No where in Hindu Marriage Act, Kanyadaan by the biological father is made mandatory. If the father was never there, since childhood, what moral and social right he has to do Kanyadaan?