New Delhi: Daughters in India normally don’t get a share in their father’s property, especially if they have a brother or brothers, despite what the law says. Most often, parents get away with spending a hefty amount on their daughter’s wedding. Giving a car as a gift seals the deal. And if she chooses not to get married or remains unmarried due to circumstances, she is bereft of everything. Many daughters don’t stake their claim to their share of the property fearing reprisal from their parents or their sibling. They would rather keep their relationship with them intact.
But two sisters in Kerala decided to fight for their rights. They filed petitions against their respondent father for not giving them their due shares. In a family court both the petitioner-daughters raised a claim of Rs 45.92 lakh payable to them by their father for their marriage. Additionally, they asked for a decree stating that this money be registered against the property which can be transferred to them.
In response, the Kerala High Court ruled that an unmarried daughter has a right to obtain marriage expenses from her father. Provided the amount is reasonably within the means of the father, he is obligated to pay it. The mandate is for every father and daughter irrespective of either of their religions.
The petitioners obtained a temporary injunction order to prevent their father from transferring the property to someone else to evade paying them their shares. This injunction order had been purchased by the petitioners with help from their mother’s side of the family. The family court’s judgement granted each of the daughters only Rs 7.5 lakh. The petitioner-daughters were not satisfied with this amount and moved the Kerala High Court looking for a larger amount. The petitioner-daughters expressed that their father had not been financially helping them in any way. Both of them are currently pursuing higher studies.
The estranged father argued that he had an absolute claim over his property and did not intend to share it with his daughters.
The respondent argued that his wife and daughters were Christians and therefore were not subjected to the same Hindu laws that account for the money for gold jewellery to be paid from the father’s side. This provision can be found under 3b of the Hindu Adoptions and Maintenance Act, 1956.
The court after hearing both parties ruled in favour of the unmarried daughters stating that fathers irrespective of religion are obligated to pay for their daughter’s marital expenses The court granted the daughters 15 lakhs INR and deemed it sufficient for their cause.
