IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
OP (FC).No. 73 of 2019
I.A.NO.2790/2018 IN O.P.NO.331/2018 of FAMILY COURT, MAVELIKKARA
DATED 23-01-2019
PETITIONER/RESPONDENT:
GOPALAKRISHNAN,
AGED 57 YEARS,
S/O.KUTTIY, GOGO BHAVANAM, FROM, GIGI BHAVANAM,
ERAMALLIKKARA P.O.,
VANAVATHUKKAKARA MURI,
THIRUVANVANDOOR VILLAGE, ALAPPUZHA.
BY ADV. SRI.N.K.MOHANLAL
RESPONDENT/PETITIONER:
ASWATHY,
AGED 31 YEARS,
D/O.GOPALAKRISHNAN,
PALANIKKUNNATHIL HOUSE, ARANMULA, FROM,
GIGI BHAVANAM, ERAMALLIKKARA P.O.,
VANAVATHUKKAKARA MURI, THIRUVANVANDOOR VILLAGE,
ALAPPUZHA.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 14.2.2019,
THE COURT ON 14.03.2019 DELIVERED THE FOLLOWING:
OP (FC).No. 73 of 2019 : 2 :
C.K.ABDUL REHIM
T.V.ANILKUMAR, JJ.
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O.P.(FC)No.73 of 2019
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Dated this the 14th day of March, 2019
JUDGMENT
T.V.ANILKUMAR,J.
Father of an unmarried girl aged 31 years challenges
the order dated 23.1.2019 of the Family Court, Mavelikkara
in I.A.No.2790/2018 in O.P.No.331/2018 awarding an amount
of `1 lakh towards the claim for her marriage expenses. The
respondent, daughter filed O.P.No.331/2018 for a decree
directing payment of marriage expenses to the tune of `10
lakhs, claimed under various heads of expenditure. After the
petitioner having entered appearance in the original petition,
she moved before the court below for award of an interim
relief, claiming marriage expenses to the tune of `5 lakhs.
The petitioner seriously opposed the plea. But the court
below, negativing all his objections, directed the petitioner to
pay a lesser amount of `1 lakh towards marriage expenses of
OP (FC).No. 73 of 2019 : 3 :
the respondent, daughter, pending final disposal of the O.P.
The said order is under challenge.
2. There is no denial that the respondent is the
daughter of the petitioner. When the petitioner and
respondent’s mother fell out in their matrimonial relationship,
he sued her for divorce in the Family Court and the litigation
is now pending in appeal. Ever since the petitioner’s strained
relationship with his wife, the daughter has been in the
company of the mother all these years. According to her, her
marriage was proposed with one Mr.Vysakh Kumar,
Eraviperoor Village, on 3.2.2019. Therefore she is badly in
need of minimal marriage expenses to the tune of `5 lakhs,
as an interim relief. According to her, she has no other
source of income and her mother is also equally in
impecunious circumstances.
3. According to the respondent, the petitioner is a
retired Army person getting substantial amount of `50,000/-
towards pension. He had worked as a security guard in the
State Bank of Travancore, from where also he has earned a
substantial amount of income.
OP (FC).No. 73 of 2019 : 4 :
4. The petitioner opposed respondent’s claim on four
grounds, namely (i) He is suffering from Cerebral Micro
Angiopathy and is being treated for the disease. Without the
support of a bystander, he cannot pursue his daily affairs. (ii)
Respondent, daughter is earning `20,000/- every month as a
Pharmacist of CM Hospital, Pandalam and therefore she is
dis entitled to any maintenance. (iii) Since the daughter is
living separately from him for no justifiable reasons, she is not
entitled to claim marriage expenses under law, and lastly (iv)
The claim for marriage expenses advanced by her takes the
characteristic features of ‘dowry’ defined under the Dowry
Prohibition Act, 1961.
5. The court below, after considering contentions of
both parties, found that the father is liable to meet the
marriage expenses of the respondent since she has no
sufficient means to support herself from any source of her
own. The medical ground urged by the petitioner was not
accepted as if it was not proved before the court below. The
contention that marriage expenses payable by a father to a
daughter virtually amounts to dowry was also rejected by the
OP (FC).No. 73 of 2019 : 5 :
court below.
6. We heard the counsel appearing on both sides.
7. The liability of a father to maintain his daughter
does not depend on his financial position or status and it is
quite independent of possession of any properties or assets
with him. Marriage expenses are part of maintenance
amount as defined by Section 3 of the Hindu Adoptions and
Maintenance Act, 1956. Therefore a father has statutory
obligation to meet the marriage expenses of his daughter, so
long as she is unable to maintain herself. The amount
payable towards marriage expenses, according to us, has no
characteristics of dowry within the meaning of Section 2 of
the Dowry Prohibition Act, 1961. Dowry under the aforesaid
Act refers to a property or a valuable security given by a party
to marriage or his or her parents to the other party to the
marriage or his parents. Amounts spent or payable towards
marriage of a daughter is no way a payment of dowry, which
the Dowry Prohibition Act prohibits. Therefore, the argument
that marriage expenses claimed by the respondent would
tantamount to payment of dowry does not merit acceptance
OP (FC).No. 73 of 2019 : 6 :
under law.
8. Equally unsound is the argument of the learned
counsel for the petitioner that the separate residence of the
respondent from the father will disentitle her to claim marriage
expenses. Under Section 23(2)(c) of the Hindu Adoptions
and Maintenance Act, the claimant who lives separately
without any justification is generally disentitled to claim
maintenance from her parent. But here, the respondent has
an explanation that ever since petitioner’s relationship with
her mother strained, she has been continuing in the company
of her mother. We do not think that the justification offered by
her is without merit.
9. It may be true that the petitioner is undergoing
treatment for some sort of disease. But that does not excuse
him from discharging his statutory liability to an unmarried
daughter. He is admittedly a pensioner who was formerly in
Military service and later a security guard in a Bank. These
facts would prima facie prove that he has sufficient means to
make payment of interim marriage expenses of the
respondent as fixed by the court below. There is no evidence
OP (FC).No. 73 of 2019 : 7 :
to prove that the respondent has got any independent source
of income of her own, though there is an allegation against
her that she is a Pharmacist attached to a particular hospital.
In an interlocutory proceeding claiming marriage expenses,
the court is concerned only with establishment of a prima
facie case by the claimant based on the available materials
before the court. Applying the test of prima facie case, we
are satisfied that the respondent has no source of income
and the father/petitioner has sufficient means to meet the
marriage expenses of his daughter, to the extent fixed by the
impugned order.
10. We are satisfied that the court below has taken a
very reasonable and balanced view in the matter and the
impugned order does not consequently call for any
interference on factual or legal grounds. We are inclined to
confirm the order and dismiss the original petition. However,
taking a lenient view to the petitioner, we are inclined to
permit him to make payment of `1 lakh awarded by the court
below in two equal installments.
In the result, confirming the impugned order of the
OP (FC).No. 73 of 2019 : 8 :
Family Court, Mavelikkara in I.A.No.2790/2018 in O.P.No.
331/2018, we dismiss this O.P. The petitioner shall pay the
amount of `1 lakh ordered, in two equal installments falling
due on or before 31.3.2019 and 30.4.2019.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
T.V.ANILKUMAR,
JUDGE
Bb
OP (FC).No. 73 of 2019 : 9 :
APPENDIX
PETITIONER’S/S
EXHIBIT P2 EXHIBITS:
A TRUE COPY OF THE STATEMENT OF
OBJECTION I.A.NO.2790/2018 IN OP
NO.331/2018 BEFORE THE HON’BLE FAMILY
COURT, MAVELIKKARAEXHIBIT P3 A TRUE COPY OF THE ORDER DATED
23/1/2019 IN IA NO.2790/2018 IN OP NO.
331/2018 BEFORE HON’BLE FAMILY COURT,
MAVELIKKARA.
EXHIBIT P4 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 5/1/2019 ISSUED BY MUTHOOT
HEALTH CARE PRIVATE LTD.
EXHIBIT P5 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 7/6/2016 ISSUED BY MEDICAL
COLLEGE HOSPITAL, KOTTAYAM IN
CONNECTION WITH NEURO AILMENT.
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE DATED
22/12/2018 ISSUED BY VILLAGE OFFICER,
THIRUVANVANDOOR.
RESPONDENT’S EXHIBITS:
NIL
//True Copy//
P.A. To Judge
Bb