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Shubham   05 December 2023

Family law.

Can wife claim marriage expenses incurred by his parents from her in laws or from husband ,if yes then under which provision or law?

 



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 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 December 2023

What is your problem?  Are they divorced?

Sanskriti Tiwari   05 December 2023

In India, the question of whether a wife can claim marriage expenses incurred by her parents from her in-laws or husband isn't explicitly governed by a specific provision or law. Marriage expenses are generally considered voluntary expenditures and not legally recoverable. However, certain circumstances might allow for a claim under different legal perspectives.

Under the Hindu Marriage Act, Section 3 specifies that all activities or expenses related to a marriage primarily fall under the responsibility of the parties involved in the marriage. Yet, there's no specific provision allowing for a wife to claim such expenses from her in-laws.

In legal terms, claiming marriage expenses might be difficult without clear evidence or a mutual agreement beforehand. Indian courts often stress the importance of evidence and mutual agreements in such matters. There might be instances where courts have ruled in favor of wives in cases where clear commitments or promises were made by the husband's family.

However, it's crucial to consult with a legal expert or lawyer well-versed in family law for specific advice, as individual cases can vary significantly based on the circumstances and evidence provided.

Additionally, while there might not be a direct provision, case laws and court precedents sometimes set the tone for future rulings in similar cases, emphasizing factors like financial capacity, promises made, and traditional obligations.

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

If she has filed a DV case against her husband and her husband's extended family members, then she can claim the expenses incurred towards the marriage solemnisation and also compensation for the mental tortures meted out to her and also can claim return of her articles and monthly maintenance from him if she is not employed. 


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