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Whether father has legal right to perform kanyadan of his da

Whether father has legal right to perform Kanyadan of his daughter?

As rightly observed by the learned single Judge the bride in this case, namely, defendant No.5 is a major. She has the capacity and every right to decide as to in what form her marriage shall take place; whether ceremonies and rites prevailing in her family shall be adopted or if there are different ceremonies prevailing in the family of the bride-groom they shall be adopted. Even assuming that 'Kanyadana' is an important ceremony in a Hindu Marriage and normally a father considers performing 'Kanyadana' not only as a privilege but as an obligation to redeem himself from 'Pitruruna', the plaintiff cannot ignore himself to perform the ceremony against the will of his daughter-defendant No.5 who is a major. It may be mentioned that defendant No.5 in her written statement and otherwise as seen from the record made it clear that she does not desire the petitioner to participate in any ceremonies pertaining to her marriage. In fact, even while this appeal was pending, defendant No.5 was enquired with by this Court and she emphatically reiterated that she does not desire the participation of the plaintiff in the rites and ceremonies pertaining to her marriage. It is, therefore, obvious that the plaintiff cannot claim any legal right to perform 'Kanyadan' in the facts and circumstances of the case and cannot seek the relief of declaration and injunction sought for by him or any direction to enable him to perform the said 'Kanyadana' in 5th defendant's marriage.

Andhra High Court

Ramlal Agarwal vs Shanta Devi And Others on 2 April, 1999

Equivalent citations: 1999 (3) ALD 19, 1999 (3) ALT 197, I (2000) DMC 640

Bench: B S Reddy, V Rao

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