Hindu marriage act
V.N.K. MENON
(Querist) 27 September 2016
This query is : Resolved
Is there a provision for claiming marriage expenses in a DV case under Hindu Marriage Act. Bombay High Court ruled that it is not payable to either side.
Is there any Apex Court ruling that marriage expenses are NOT PAYABLE under HMA.
I shall be thankful for the considered opinion of experts, please.
R.K Nanda
(Expert) 27 September 2016
Citations not supplied.
Raj Kumar Makkad
(Expert) 27 September 2016
A judgment of Mumbai High court which says that there is no provision in law for return of marriage expenses. The said judgment is in context of a nullified marriage on grounds of epilepsy of wife which was not disclosed before marriage. However, it seems clear from judgment that no provision exists in law for return of marriage expenses in case of divorce either.
http://indiankanoon.org/doc/462782/
The aforesaid judgment has been passed taking in view the detailed provisions of law on the subject and there is no contrary law thereto.
Guest
(Expert) 27 September 2016
Mr. VNK Menon,
With what specific interest of yours you want to know?
If you have some specific problem, you may please discuss elaborately.
V.N.K. MENON
(Querist) 27 September 2016
thank you Ld. Mr raj kumar Sir, i am only attempting to use collective wisdom/views for advantage & permutations and combinations to plan. thank you once again for the views,
Raj Kumar Makkad
(Expert) 27 September 2016
You are most welcome Mr. Menon. We are here to help to really needy persons for charity purpose only.
Devajyoti Barman
(Expert) 27 September 2016
Marriage expenses are nor defrayed by order of court.
Guest
(Expert) 27 September 2016
Mr. Menon,
If not asking merely for acadmic interest, was there any reason you avoided to clarify your position on my query?
Don't you feel any more collective wisdom/ views would be ueful to you?
Rajendra K Goyal
(Expert) 27 September 2016
Academic query.
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
V.N.K. MENON
(Querist) 27 September 2016
Ld. Mr. Burman, I thank you.
Ld. Mr. Dhingra,
My daughter in-law (she) had filed a DV case u/s 498/406 and it is in mediation stage. I have a PCR call record that she was kept locked by her parents and was not allowed to go to sasural. It proves that she was kept in captivity and was indoctrinated, conspired and motivated to extort exhorbitant amount from us. Their demanded also included imaginary dowry items.
Background: is that the marriage was a well planned trap. She had been having Mental problem which is being suppressed by giving injection periodically. Even after marriage she used to be taken by her parents under the pretext of fulfillment of some mannat - relations being normal we did not object. Factually it was for giving medication periodically to keep normal. One day she started behaving in a peculiar way and became aggressive, her parents were informed. They came and admitted about the mental disorder and they took her to their place and did not return as promised (record is available).
Whereas after some time we received a legal notice about D/V. Then notice from CAW cell. In the meetings they had no demand for RCR. Their only demand was 50 lakhs, 50 thousand as child's maintenance, another 10 thousand for her maintenance. Their intention is quite clear. We had started a SB account for the child and sent the debit card to her which was returned. Some valuable clothes were sent to the child which packet was pilfered and some old clothes were put. After keeping the consignment for about a week, she connived and conspired with the postman and returned the packet as "refused" which the postman could not do.
Interalia this pilferage and fraud is to insult us when the packet unexpectedly shall be opened in the open court. In the situation, I cannot directly interfere.
Taking advantage of the rule that anybody can file an FIR on behalf of any body, I file a complaint with the P.S. P.S. did not take any action. I filed an applation u/s 156(3) in the court by making postman as first party and her as second party. After hearing me Magistrate wanted to file FIR against her and asked Police to file ATR - that is where it stands.
Now-a-days courts are of the view that qualified ladies cannot sit idle and ask for maintenance.
ANY WAY, IF YOU HAVE SOME GUIDANCE IT IS QUITE WELCOME.
V.N.K. MENON
(Querist) 27 September 2016
I cannot afford any advocate, but have confidence and am doing mastery on the subject.
Guest
(Expert) 27 September 2016
Dear Shri Menon,
As casual academic questions do not reveal any picture on the background of the case, a mix-up of right or wrong solutions can perplex more of the mind of the querist, so it is not advisable to offer any solution on such type of questions.
But, now the picture seems to be clear to some extent, but not on the status of the FIR, if filed, or the court case, if decided or still under trial.
However, since your query was limited only up to the marriage expenses, the law is silent, probably due to the reason that both sides incur the expenditure, which is normally not considered as dowry. Any set precedent also does not seem to be available, unless there is some agreement on the pre-decided amount to be incurred, as a part of hospitality for marriage ceremony and dowry. Since you have stated, you cannot afford any advocate, I cannot also suggest you to make any experimentation to set some precedent through the court of law, as it would be a ticklish question, as expenses of both sides would have to be taken in to account and may prove to quite uneconomical on trial.
About your inability t afford an advocate, free legal aid can be possible, if you request the court for the purpose.
Raj Kumar Makkad
(Expert) 27 September 2016
I do endorse the wise advice containing valuable observations of ld. Dhingra Sir.
Rajendra K Goyal
(Expert) 28 September 2016
Agree with the views of expert P.S. Dhingra.
