Via PTI
RAIPUR: The Chhattisgarh Prime Courtroom has dominated that an single daughter can declare the bills of marriage from her oldsters underneath the provisions of the Hindu Adoptions and Repairs Act, 1956.
A department bench of the top court docket in Bilaspur used to be listening to a petition filed by way of a 35-year-old girl, Rajeshwari, a local of Chhattisgarh’s Durg district.
The bench of Justices Goutam Bhaduri and Sanjay S Agrawal on March 21 allowed her plea for listening to by way of admitting that an single daughter can declare the volume of her marriage from her oldsters underneath the provisions of the Hindu Adoptions and Repairs Act, 1956, stated the petitioner’s suggest A Okay Tiwari.
The bench put aside the order dated 22 April 2016 handed by way of the Predominant Pass judgement on of circle of relatives court docket Durg and remanded the subject to the circle of relatives court docket for adjudication of the similar on deserves within the spirit of Segment 3(b) (ii) of the Act of 1956.
The court docket has directed the events to look earlier than the circle of relatives court docket. The petitioner, daughter of an worker of Bhilai Metal Plant (BSP) Bhunu Ram, filed a petition in Durg circle of relatives court docket underneath Hindu Adoptions and Repairs Act, 1956, and made a declare that repairs to the track of round Rs 20 lakh be given to her within the mode of marriage expense.
The circle of relatives court docket had on 7 January 2016 brushed aside the applying by way of pointing out that there is not any provision within the Act {that a} daughter can declare the volume of her marriage.
In her plea, Rajeshwari stated that the respondent, Bhanu Ram, goes to retire and more likely to obtain Rs 55 lakh as retiral dues, due to this fact, suitable writ be issued directing the respondent-employer Bhilai Metal Plant to free up part of his retiral dues to the track of Rs 20 lakh in her favour.
Difficult the order of the circle of relatives court docket, Rajeshwari had moved the top court docket pointing out that as in step with the legislation, an single daughter can call for the bills of marriage from her father, claiming that the expense comes underneath the purview of repairs, Tiwari stated.
The bench thought to be the verdict as important and it’s been licensed for reporting (AFR), he stated, explaining that the case would now be given position in all of the legislation books. This the primary of its type order by way of the top court docket of Chhattisgarh, Tiwari added.