The Kerala High Court has held that the financial capacity of the father should be taken into consideration while determining the quantum of maintenance sought by his daughter.
The court passed the verdict while disposing of a petition filed by a 25-year-old woman against the order of the Palakkad Family Court rejecting her plea for getting marriage expenses from her father. The petitioner argued that under section 20 (1) of the Hindu Adoptions and Maintenance Act, a Hindu was bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children, and his or her aged or infirm parents.
The court directed the petitioner’s father to pay ₹2 lakh as marriage expenses to her.
It observed that even if the unmarried daughter was living with the mother, who was getting some income, and was being looked after by the mother, she was entitled to claim maintenance from the father. This also includes educational expenses and marriage expenses.