Father obligated to maintain daughter’s expenses :Delhi High Court

Poonam Sethi vs Sanjay Sethi on 7 January 2022 Delhi High Court Poonam Sethi vs Sanjay Sethi on 7 January 2022 $~2 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 01.12.2021 % Judgment delivered on: 07.01.2022 + MAT.APP.(F.C.) 31 2021 POONAM SETHI .....Appellant Through: Mr. Bhuvan Mishra Adv. with Appellant in person versus SANJAY SETHI ..... Respondent Through: Mr. Anshul Narayan and Mr. Sourabh Pahwa Advs. with Respondent in person CORAM HON BLE MR. JUSTICE VIPIN SANGHI HON BLE MR. JUSTICEJASMEET SINGH JUDGMENT JASMEET SINGH J 1. The present appeal has been filed under Section 28(2) of the Hindu Marriage Act 1955 read with Section 19of the Family Courts Act 1984 against the judgment and order dated 28.11.2020 passed by the Family Courtin the matter of Poonam Sethi Vs. Sanjay Sethi in HMA No 39 2017. In the impugned judgment the Family Court has allowed the petition filed by the Appellant wife under Section 13(1)(ia) of the Hindu Marriage Act 1955 for dissolution of marriage by a decree of divorce on the ground of cruelty and has Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 dissolved the marriage between the parties However the Appellant is aggrieved by the non grant of maintenance allowance for herself and the two major daughters of the parties 2. The Appellant has filed the present appeal seeking the following substantial the following prayer A) Set aside the Impugned Judgment and Order dated 28th November 2020 passed by the Ld Judge Family CourtTis Hazari Delhi in the matter of "Poonam Sethi v. Sanjay Sethi" bearing No. HMA 39 17to the extent that the same holds that a) the Appellantis not entitled to any maintenancefor herself the Appellantto the extent that the same dismisses the Application for Temporary Injunction dated 30.10.2019 filed by the Appellant Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 B) Grant the consequential relief of Maintenance and Permanent Alimony to the Appellant as prayed for in the Applications filed before the Ld. Family Court C) Pass any such and other order s as this Hon ble Court may deem fit and proper in the facts and circumstances of the case 3. Briefly stating the facts giving rise to filing of the present appeal are as under 4. The Appellant got married to the Respondent on 11.10.1986 as per Hindu rites and ceremonies Since marriage the Appellant was residing with the Respondent at First Floor F 90 Kirti Nagar New Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 Delhi. Out of the wedlock 3 children were born namely SahibaAnanyaand Atharvso that matter of financial reliefs can also be decided together in the end 9. In the cross examination the Respondent admitted to the following facts: 1. That he does consultationfor a livingIndian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 2. That he has been travelling abroad for work including USA in the year 2016and UAE in 2017where he had done consultations interviews etc.3. That he has been running a company by the name of "Pure Life"5. That he had purchased a Mercedes E 250 in the year 20177. That he has Medical Insurance in Apollo Munich premium payment for which is Rs. 5 00 000 Cross Examination dated 28.02.2019) Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 8. That he also has a Toyota Corolla Car purchased in 20139. That he has been advertising in Hindustan Timesfor his numerology business for which substantial payments to the tune of Rs. 1 Lakh every alternate month has been made10. That he had purchased an Office Space in May 2018 for a sum of Rs. 50 Lacs11. That he has been running a company called "Rudra Kripa since July 201812. That his personal expenses per month are to the tune of Rs 25 000 per month13. That expenses for running his office are to the tune of Rs 35 000 per month14. That credit limit for his Credit Cardis unlimited Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 15. That he has also been selling products online through platforms like Flipkart Snap deal Amazon Shop clues and India mart16. That he is not sure if payments indicated in his bank statements are reflected in his ITR or not Cross Examination dated 21.08.2019 10. On Diwali of 2019 the Appellant visited her matrimonial home at First Floor F 90 Kirti Nagar New Delhi 110015 and found that the property was closed and covered with tarpaulin. When the Appellant asked around she found out that the property was closed for renovation and would be put up for sale. As a result of which the Appellant filed an application for temporary injunction on 30.10.2019 praying for directions restraining the Respondent from disposing off selling encumbering mortgaging or in any way alienating the Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 matrimonial home of the parties i.e. First Floor F 90 Kirti Nagar New Delhi 110015 11. The Appellant on 01.09.2020 also filed an application under Section 25 of the Hindu Marriage Act 1955 so that while deciding the main petition the learned Family Court if decreeing the petition may pronounce upon the permanent alimony at the time of passing the decree 12. It is the case of the Appellant that owing to the Respondent s abdication of duties since the year 2010 the Appellant was under extreme financial burden of having to support the 3 children on her own for such a long period. It was the Appellant s plea that she was entitled to at least a commensurate compensation from the father of the 3 children who ought to be responsible towards the needs of children in consonance with the social standing and income of the Respondent 13. The learned Family Court in the impugned order held: 19.7 Thus it is clear that the provisions of section 20 of the Hindu Adoption and Maintenance Act 1956 cannot be used to expand the provisions of section 26 of the Act. In view of the aforesaid it is considered that the major daughters of the parties are not entitled to maintenance in these proceedings. "19.8 Adverting to the issue of maintenance for the son of the parties their son Master Atharv born on 10.07. 1997 was minor at the time of filing of application dated 19.03.2015 A c c o r d i n g t o t h e p e t i t i o n e r o n t h e e d u c a t i o n o f m i n o r s o n s h e h a d b e e n s p e n d i n g aboutRs.10 000 per month his quarterly fees was Rs.37 000 and in the year 20l5 she had paid 1 3rd of Rs.5 60 000 for his three years film making degree course Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 which comes to Rs.1 86 667 She further stated that the expenditure on his bookstand stationery was Rs.5 000 private tuition wasRs.30 000 per month and medical expenses wasRs.15 000 per month. It can be seen that the copies of receipts for private tuition fees filed by her along with her affidavit areReceipt for Rs.3 72 000 from One Sunil Kaushik @ Rs 12 000 per month for the period May 2012 to November2014 andReceipt for Rs.5 94 000 @ Rs.18 000 per month w.e.f. March 2012 to November 2014 from one Mr Ravi. However she had notified any document with regard to medical Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 expenses incurred on Master Atharv. It is well settled that the date from which maintenance is to be awarded is the date for filing the application for maintenance. In this regard reference can be made to Rajnesh vs. Neha 2020 SCC Online SC 903.Thus it appears that w.e.f. 19.03.2015 till the attainment of majority of minor son Master Atharv the petitioner had spent about Rs.50 000 per month towards the maintenance of her son. The Respondent ought to equally share the said expenses. In this regard reference can be made to Rupali Gupta vs. Rajat Gupta 2016 SCC Online DeL 5009 and Ashutosh Bandhopadhyay vs. Mukta Bandhopadhyay 2018 SCC Online Cal.5100 Thus it is considered that the petitioner is entitled toRs.25 000 per month towards maintenance allowance of her minor son w.e.f .filing of application i.e. 19.03.2015 till he attained the age of majority i.e. 11.07.2015. 19.9 In view of the aforesaid discussion it is held thatthe petitioner is not entitled to any maintenance allowance or permanent alimony for herselfshe is also not entitled to any maintenance allowance for the two major daughters of the parties in these proceedings andthe petitioner is entitled to Rs.25 000 per month towards maintenance allowance for her minor son w.e.f. filing of application i.e. 19.03.2015 till he attained the age of majority i.e. 11.07.2015 Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 Accordingly the Respondent is directed to pay a sum of Rs.25 000 per month towards maintenance allowance of his minor son w.e.f. filing of application 19.03.2015 till he attained the age of majority i.e. 11.07.2015. The said amount be paid directly in the bank account of the petitioner. He is directed to pay the said amount within three months. The application dated19.03.2015 under sections 24 & 26 of the Act application dated20.02.2017 under section 24 of the Act and application dated 01.09.2020u s 25 of the Act moved by the petitioner are disposed off accordingly. In view of the aforesaid discussion and findings application dated30.10.2019 for temporary injunction moved by the petitioner which has otherwise also become infructuous is dismissed."7 SCC 7 wherein the Supreme Court observed that the wife who is maintaining the unmarried major daughter of the parties would be entitled to maintenance for both herself and the major unmarried daughter. He submits the daughters must be treated as dependants under section 21(v) of the Hindu Adoption and Maintenance Act 1956 and as a result are entitled to receive maintenance from their father. The mother has been taking care and looking after all the expenses of the 3 children since the time of separation and the father cannot abdicate from his legal and moral duties 18. The learned counsel for the Appellant further argued that for the marriage of the daughters of the parties the mother cannot alone be responsible and be expected to incur the costs of their 19. While the family court has provided some relief for the then minor son of the parties it failed to consider that as the son turns major he will need to be supported for his daily expenditure and higher educational expenses which the Appellant will have to bear 20. Per contra Mr. Narayan learned counsel for the Respondent has argued that firstly the Appellant wife herein is earning a handsome income as shown by her income affidavits. Secondly the major unmarried daughters of the parties are earning their own independent incomes and thus able to maintain themselves. Thirdly that Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 maintenance does not need to be granted to a major son and as a result this appeal should be dismissed 21. Learned counsel for the Respondent has supported the judgment of the Family Court and has stated that: a) The gross income of the Appellant as disclosed by her is as under: It is pertinent to note that as per the Income Tax Returns filed by the petitioner her gross income for the assessment year 2012 13 was Rs.8 28 153 for the assessment y e a r 2 0 1 3 1 4 i t w a s R s . 1 6 7 6 8 2 4 f o r t h e a s s e s s m e n t y e a r 2 0 1 4 1 5 i t wasRs.20 09 029 for the assessment year 2017 18 it was Rs 9 72 407 for the assessment year 2018 19 it was Rs.11 48 114 and for the assessment year 2019 20 it was Rs. 11 66 770 per annum. As per the Income Tax Returns of the Respondent his gross income for the assessment year 2014 15 was Rs.2 26 865 for the assessment year 2015 16 it was Rs.2 65 520 for the assessment year 2016 17 it was Rs.2 90 390 for the assessment year 2017 18 it was Rs. 3 28 615 for the assessment year 18 19 it wasRs.4 03 279 and for the assessment year 2019 20 it was. Rs.3 31 966 Whereas the gross income of the Respondent is as under: Respondent has claimed a monthly maintenance allowance of Rs.20 000 However as per the Income Tax Returns filed by him his gross annual income for Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 the assessment year 2019 20 was Rs.3 31 966 which comes to Rs.27 663.83 per 22. Hence it was claimed that the Appellant was earning more than 10 times than the Respondent Learned counsel for the Respondent has further submitted that the Appellant was earning crores of rupees as her annual expenditure as disclosed by her was Rs. 82 82 708 .She Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 has not been able to clarify the sources from which she has been able to meet the said expenditure incurred by her. There is gross mismatch between the income earned by her and expenditure stated to have been incurred 23. As far as the legal obligation of the Respondent is concerned it is argued by the learned counsel for the Respondent that all the children are majors and that Section 24 25 and 26 of the Hindu Marriage Act 1955 are not attracted in the facts of the present case. The only statutory provision that could be attracted is Section 20 of the Hindu Adoption and Maintenance Act 1956 which also restricts the maintenance only to the extent of providing the same to unemployed and dependent 24. Section 20 of the Hindu Adoption and Maintenance and Act reads as follows 20. Maintenance of children and aged parents. Subject to the provisions of this section a Hindu is bound during his or her lifetime to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents 2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor 3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter as the case may be is unable to maintain himself or herself out of his or her own earnings or other property. Explanation. In this section "parent" includes a childless step mother Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 25. It was argued by the counsel for the Respondent that in the present case none of the daughters are dependent on the Appellant and even Section 20(3) is not attracted as both are earning independently and maintaining themselves 26. Per Contra the learned counsel for the Appellant wife submits that there is nothing to substantiate this claim of the Respondent that the younger two children of the parties are earning 27. We have heard the learned counsels for the parties and have gone through their submissions Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 28. The first and foremost question which needs to be answered in this appeal is "Whether unmarried daughters who have attained majority and are earning their own income are entitled for maintenance and expenses towards their marriage 29. Firstly we must take note that under Section 20 of the Hindu Adoption and Maintenance Act maintenance will only be paid to children or infirm parents if they are unable to maintain themselves. There is no section which states that the inability to maintain themselvesis equivalent to not earning an income. We must distinguish between the two categories. An individual could be earning an income but still not necessarily be able to maintain herself himself 30. Learned counsel for the Respondent has relied upon the judgments of Chaturbhuj v. Sita Bai 2008) 2 SCC 316 to state 7. Under the law the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. In the instant case there is no dispute that the appellant has the Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 requisite means. But there is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife. It is has to be established that the wife was unable to maintain herself. The appellant has placed material to show that the Respondent wife was earning some income. That is not sufficient to rule out application of Section 125 Cr.P.C. It has to be established that with the amount she earned the Respondent wife was able to maintain herself 8. In an illustrative case where wife was surviving by begging would not amount to her ability to maintain herself. It can also be not said that the wife has been capable of earning but she was not making an effort to earn. Whether the deserted wife was unable to maintain herself has to be decided on the basis of the material placed on record. Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.P.C. The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband. In Bhagwan v. Kamla Deviit was observed that the wife should be in a position to maintain standard of living which is neither luxurious nor penurious but what is consistent with status of a family. The expression "unable to maintain herself" does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 Cr.P.C."16 2014 decided on 28.05.2015) has held "6. Section 26of the HMA empowers the Court to make provisions for maintenance of only minor children and therefore to grant maintenance in favour of the adult child would be beyond the scope of Sections 24 and 26 of the Hindu Marriage Act 1955.Proper legal course in such a situation would be to seek maintenance under Section 20 of the Hindu Adoption and Maintenance Act 1956 and not under Section 24 Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 and 26 of the HMAvs A1992 Mh. LJ. 748 19.7 Thus it is clear that the provisions of section 20 of the Hindu Adoption and Maintenance Act 1956 cannot be used to expand the provisions of section 26 of the Act. In view of the aforesaid it is considered that the major daughters of the parties are not entitled to maintenance in these 32. In Jasbir Kaur Sehgal v. The District Judge Dehradunthe Supreme Court held Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 6. ...............Section 24 of the Act no doubt talks of maintenance of wife during the pendency of the proceedings but this section in our view cannot be read in isolation and cannot be given restricted meaning to hold that it is maintenance of the wife alone and no one else. Since wife is maintaining the eldest unmarried daughter her right to claim maintenance would include her own maintenance and that of her daughter. This fact has to be kept in view while fixing the maintenance pendente lite for the wife Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 8. The wife has no fixed abode of residence She says she is living in a Gurudwara with her eldest daughter for safety. On the other hand husband has sufficient income and a house to him. The wife has not claimed and litigation expenses in this appeal. She is aggrieved only because of the paltry amount of maintenance fixed by the court. No set formula can be laid for fixing the amount of maintenance. It has in the very nature of things to depend on the facts and circumstance of each case. Some scope for leverage can however be always there. The court has to consider the status of the parties their respective needs capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and those he is obliged under the law and statutory but involuntary payments or deductions. The amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case. At the same time the amount so fixed cannot be excessive or extortionate. In the circumstances of the present case we fix maintenance pendente lite at the rate of Rs. 5 000 per month payable by Respondent husband to the appellant wife 9. The question then arises as to from which date the wife would be entitled to claim the enhanced amount of maintenance pendente lite. If wife has no source of income it is the obligation of the husband to maintain her and also children of the marriage on the basis of the provision contained in the Hindu Adoption and Maintenance Act 1956. Her right to claim maintenance fructifies on the date of the filing of the petition for divorce under the Act. Having thus fixed the date as the filing of the petition for divorce it is not always that the court has to grant the maintenance from that date The court has discretion Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 in the matter as to from which date maintenance under Section 24 of the Act should be granted. The discretion of the court would depend upon multiple circumstance which are to be kept in view. These could be the time taken to serve the Respondent in the petition the date of filing of the application under Section 24 of the Act conduct of the parties in the proceedings averments made in the application and the reply there to the tendency of the wife to inflate the income out of all proportion and that of the husband to suppress the same and the like. There has to be honesty of purpose for both the parties which unfortunately we find lacking in this case. We are therefore of the opinion that ends of justice would be met if we direct that maintenance pendente lite as fixed by this judgment to be payable from the date of impugned order of the High Court which is October 16 1996. We order accordingly. The impugned judgment of the High Court shall stand modified to that extent. All arrears of maintenance shall be paid within a period of two months from today and then regularly every month."wherein it was stated 29. In the circumstances there is good substance in the submission of Mr. Thakkar that nothing additionally be provided to the Appellant wife when acts of cruelty are alleged against her also and when she is also responsible for the breaking of the marriage. In any case she has been sufficiently provided and has good income therefrom. We have however to note that she is looking after her two daughters. The daughters are treated as "dependents" until they get married under section 21(v) of the Hindu Adoption and Maintenance Act 1956. They are entitled to get their maintenance from their father. Considering the fact that the Appellant has been Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 looking after these two daughters and she will be continuing to look after them hereafter until they get married. In our view that is a "circumstance" which has got to be considered when one decides the permanent alimony to be paid to the Appellant wife. Section 25 of the Hindu Marriage Act provides that a court exercising jurisdiction under the Act at the time of passing of the decree may direct the Respondent to pay the Applicant for her maintenance and support such gross sum or such monthly or periodical sum having regard to the Respondent s own income and other property if any the income and other property of the applicant the conduct of the parties and other circumstances of the case it may seem to the court to be just The court is empowered that such payment may be secured by a charge on the immovable property of the Respondent. In the circumstances of the case we have to note that the Appellant is looking after the two daughters. They have completed their education. They have become graduates in engineering and management respectively. They intend to further prosecute their studies and then get married They do not have any income of their own. The Appellant is undoubtedly spending for their education and will spend on their marriage. It will not be proper to drive the daughters to file an application under the Hindu Adoption and Maintenance Act 1956. In our view the phrase "other circumstances of the case" appearing in section 25 of the Hindu Marriage Act is quite elastic and while passing an order under that section the necessary provision can be appropriately made if the circumstances so 30. The Respondent has been made to make such payment from time to time and Mr. Thakkar has stated that he has been making additional payment for education of her daughters on his own. The fact however remains that the burden has been on the Appellant all throughout. The burden for further Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 education and thereafter marriage is much more. They are daughters of an industrialist who are being looked after by the mother. In the circumstances though we may not provide separately for the Appellant considering these circumstances we deem it just that separate provision should be made for the two daughters along with the Appellant. The provision of such an amount will take care of their future education and marriage. In our view it will be just and appropriate that an amount of Rs. 10 00 000 is provided for each of the daughters......"of the Hindu Adoption and Maintenance Act 1956 a father cannot abdicate his responsibility of looking after his unmarried daughters. A father has a duty and an obligation to maintain his daughters and to take care of their expenses including towards their education and marriage. This obligation is legal and absolute in character and arises from the very existence of the relationship between the parties. Kanya Daan is a solemn and pious obligation of a Hindu Father from which he cannot renege 35. Despite the applications of the Appellant being pending for claiming maintenance for the unmarried daughters the Family Court in the impugned order failed to advert to any of the contentions of the Appellant. The Family Court has not dealt with aspect of applicability of Jasbir Kaur Sehgalin the facts of the present case 36. The Family Court without adverting to the evidence and documents on record in a cryptic manner has held that Section 20 of the Hindu Adoption and Maintenance Act 1956 cannot be used to expand the Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 provisions of Section 26 and hence major daughters of the parties are not entitled to maintenance. This view is clearly not supported by the precedents taken note of hereinabove 37. As regards the minor son the Family Court has granted maintenance at the rate of Rs. 25 000 per month from 19.03.2015 till 11.07.2015 i.e. the date of attaining majority by the son 38. The purpose of Section 24 and 26 is not to equalize the incomes of the parties. We held in Mahima Chaturvedi v Deepak Malhotrathat 8. The Delhi High Court in case titled K.N. v. R.G.(as also been relied upon by the Ld. Family Court) has categorically held that where the spouse is qualified and is actually earning interim maintenance under Section 24 need not be granted. The provision of this section are not meant to equalize the income of the wife with that of the husband but are only to see that when divorce or other matrimonial proceedings are filed either of the party should not suffer because of paucity of source of income and the maintenance is then granted to tieover the litigation expenses and to provide a comfortable life to the spouse. Where however both the spouses are earning and have a good salary merely because there is some salary difference cannot be a reason for seeking maintenance 9. Hence we are clear that the appellant is a well qualified professional and is drawing a salary of 85 000 month which is adequate for a comfortable life. In K.N v. R.G. it has been held that the provision of section 24 are not meant to equalize the income of the spouses but only to see that no spouse should suffer due to paucity of income. The purpose to grant Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 maintenance is to tide over litigation expenses and to provide a comfortable life to the spouse Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 39. The Family Court has held that the Petitioner is herself not entitled to any maintenance allowance or permanent alimony as she was doing well professionally and earning substantial sums of money. As far as the finding vis à vis the Appellant wife is concerned we uphold the judgment of the Family Court and are of the view that there is sufficient material on record as well as the income affidavit of the Appellant which shows her to be engaged in the profession of tarot reading. While her total resources as taken note by the learned Family Court amounted to Rs.67 lacs her income affidavit of the year 2019 2020 shows an income to the tune of Rs. 11 66 770 per 40. However as regards the daughters we are not in agreement with the learned Principal Judge Family Court when it holds that as the daughters were majors on the date of filing the application they were not entitled to any maintenance. The daughters may be of majority age today. However the Respondent is still their father. He cannot simply resile from that relationship and the accompanying legal and moral obligation and state that he will not take care of them. The father s duty to maintain his unmarried daughters including his duty to provide for their marriage is clearly recognized by the law 41. The argument of the learned counsel for the Respondent that the daughters should not receive any maintenance as they have an income cannot be accepted. In this regard Section 20(3) of the Hindu Adoption and Maintenance Act may be seen. It provides for the Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 maintenance of children and aged parents. An unmarried daughter even if employed and earning cannot be assumed to have sufficient resources to meet her matrimonial expenses. In the Indian context the marriage of a son or a daughter would be expected to be performed in keeping with the financial and social status of the parents. It is customary for the parents of the son daughter who is getting married to deploy their resources for the wedding to the best of their financial capacity. This is particularly true when marrying of a daughter as the parents try to ensure that she is well provided for in the matrimonial home when she would begin her new life. In the Indian society the marriage of a daughter is considered of paramount importance from the birth of the child. Parents from the very beginning start saving jewelry and money for the marriage of their daughters 42. It has been held in Ambika v. K. AravindakshanSCC Online Ker 22431 14. In Smt. Sneh Prabha v. Ravinder Kumar : 1995 SuppSCC 440 : AIR 1995 SC 2170 it has been held that even in case of daughters who are grown up and living with mother and maintained by mother who is employed and earning salary they are entitled to get financial assistance from their father at the time of their marriage Even in a case where the unmarried daughter is living with the mother who is getting some income and is being looked after by her she is entitled to claim maintenance from the father also which includes the educational expenses and marriage expenses Merely because the mother is looking after the affairs of the unmarried daughter including performance of marriage it will not Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 exonerate the father from his legal and personal obligation to contribute his share for that purposeKHC 340 Poonam Sethi vs Sanjay Sethi on 7 January 2022 15. Now we come to the question of quantum of the marriage expenses. As per Section 3(b)(ii) of the Act in the case of an unmarried daughter maintenance includes not only the reasonable expenses of marriage but also expenses incident to her marriage. Marriage expenses are of two types :which are directly incurred for marriage andwhich are incurred indirectly or incidentally to the marriage 43. While analyzing the provisions of the Hindu Adoption and Maintenance Act in Kusum v Krishnajiit was observed that 9. The question as to whether plaintiff s suit should completely fail simply because the evidence of borrowing money from these persons is found to be not worthy of credit. We have seen that defendant is admittedly the father of the three daughters whom the plaintiff got married. Every father is under an obligation to maintain his daughters and even to get them married. The obligation to maintain the daughter and get her married is said to be personal in character and arises from the very existence of the relationship. Under the Hindu Law a daughter is entitled to be maintained out of estate of her father even after the death of the father. In the instant case the father is alive and admittedly has source of income from salary and agriculture land. A father who lives separately from his wife therefore cannot escape the liability to maintain his daughters. Here it would be necessary to look into the definition of the word maintenance as given in the Hindu Adoptions and Maintenance Act 1956. The word has been defined as follows Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 maintenance" includes in all cases provision for food clothing residence education and medical attendance and treatment ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her 10. The definition is inclusive. It includes the provision of the reasonable expenses of and incident to marriage of daughter. It is thus clear that father who has deserted his wife and daughters is also liable to make provisions of reasonable expenses for the marriage of daughters. Thus not under the old Hindu Law but under the codified Hindu Law also the father is bound to make such a provision as can be seen from the definition of word maintenance."the Court has 19. But now the question arises what are the reasonable expenses in a marriage and to what extent can a wife or for that matter a daughter force her husband father to Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 meet the expenditure on the marriage of the daughter. It may be noted that affluent people do spend huge amounts of money on building houses and solemnizing weddings in the family. If the Respondent can own a bungalow in Sainik Farm have a major stake in Talwar Hospitality Pvt. Ltd. which owns the earlier said resort and has various other properties he has the capacity and can spend a good amount on his daughter s wedding as well. The Petitioners have given various claims which total up just above Rs. 66 lacs 25. Hence it can safely be said that "reasonable expenditure" in the context of the expenditure on marriage of an unmarried daughter will mean that it is fair and not Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 However it will be difficult to calculate reasonable expenditure by precise mathematical calculations. The Court will have to reach to a sum primarily considering the financial status of the parties. For that purpose the Court also has to make some guess work 26. I have already observed above that the Respondent maintains luxury cars and is a major shareholder in Talwar Hospitality Pvt. Ltd. which runs a luxurious resort in Manali. This fact has not even been disputed by the Respondent. It is also evident from the record that the Respondent has pledged about 1 kg. of gold. to avail credit facility. It can also be presumed that the credit facility must have been obtained by the Respondent in connection with his business 30. Although it is very difficult to say as to what would be the reasonable expenditure on the marriage of a daughter but in case of a father who may have means and in the circumstances of this case the reasonable expenditure of marriage would approximately be Rs. 37 lacs."and Kusum v Krishnajinamely Ashutosh Hans. The payment of Rs.1 37 190 dated 20.02.2018 is also from a client. All payments which have been credited as NEFT MSWIPE are from clients as consultation fees. The payment which has been debited to NACH DE CTDAIMLFIN is towards car EMI for a Mercedes E 250 The payments reflected towards HDFC Kotak MF Franklin Templeton NSE MF ICICI HDFC are towards mutual fund investments. Further the payment debited to New India Assurance is towards the insurance of my Toyota Corolla car which was purchased in 2013. The said car was a pre used one. The payment debited for Apollo Munich for medical insurance for a sum of Rs.5 00 000 . I am not using any other car except for the aforesaid cars. The payment debited to HT Media is for advertisement for my numerology business. The payment debited to M3M Corner Walk is towards the payment for the booking of office spacewe note that a certain amount of guesswork is required for determining the financial status of the Respondent. In view of what has been stated by us hereinabove we direct that an amount of Rs. 35 lakhs be paid towards marriage expenses of the elder daughter namely Sahiba. As Sahiba is earning a certain income she will require a lesser sum than her sister as she herself would also be in a position to contribute to her 60. Further an amount of Rs. 50 lakhs to be paid for the marriage expenses of the younger daughter namely Ananya. As the younger daughter Ananya is not earning any income and is dependent on her parents for the expenses of her marriage that is already scheduled she will require the sum urgently 61. The amount of Rs. 50 lakhs for the younger daughter Ananya must be paid within 1 week from the date of this order and the amounts for the other daughter Sahibato be paid within 6 weeks from the date of passing of this order. The said amount shall be kept by Sahiba in a fixed deposit to be utilized at her wedding 62. Accordingly the present petition is allowed to the extent of granting a lump sum maintenance amount for the marriage expenses of the two daughters as aforesaid Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 63. It is unfortunate that the matrimonial dispute between the parties has also adversely impacted the relationship of the Respondent with his three children. When we interacted with the Respondent in Chamber we observed that he carried within himself some amount of hurt and anger in relation to his daughters. During our interaction he also claimed that he did not receive the respect that he was entitled to as a father. We could observe that his reluctance to provide for his unmarried daughters stemmed from his anger and ego more than anything else 64. The bond between a parent and his child particularly between a father and his daughter is one of the strongest bonds that any two human beings can have. Even when this bond is weakened due to unfortunate past incidents in our view there is nothing to prevent the said bond being restored because deep inside both the daughter and the father are bound to have that natural and inherent Indian Kanoon Poonam Sethi vs Sanjay Sethi on 7 January 2022 love for each other. It only requires the layers of anger hurt and ego to be brushed aside to expose the pure love & affection which a father and his daughter share. We sincerely hope that the Respondent and his daughters would make the required effort to restore their relationship even if their parents have fallen apart. The Respondent should realise that he is the only person whom his daughters can look upto as their father. To have a father and not to be able to talk to him or go to him for advice or financial or moral support and guidance must be very painful for the two daughters. Similarly it would be very depressing for the Respondent to have two daughters and not to be able to spend time with them and receive love care and affection from them. We Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 have no doubt that if the relationship between the parties had not soured the Respondent would have done everything for his daughters and would have dotted on them. We are hopeful that the appellant would also play a positive role in bridging the gap between the Respondent and his daughters who are now grown up and there is no reason for her to come in the way of the relationship of his daughters and their father. We therefore expect that as and when the daughters of the parties get married the Respondent would happily participate in the functions and the appellant the children and other family members would respectfully and gracefully with love & affection welcome him to the functions and facilitate his participation in the functions wholeheartedly. With these words we dispose of the present appeal JASMEET SINGH) JUDGEJUDGE JANUARY 07 2022 ms Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:08.01.2022 15:40:45 Indian Kanoon 

Summary: The question whether unmarried daughters have right to get maintained and their expenses payed by their father was decided upon by a division bench of the Delhi High Court consisting of Justice Vipin Sanghi and Justice Jasmeet Singh in this appeal in the matters between Poonam Sethi v. Sanjay Sethi, Mat. App. (FC) 31 of 2021, decided on 7-1-2022.They also clarified the distinction between earning money and ability to maintain oneself with that money. The facts of this case are the appellant is a mother of two daughters and a son, who she has been raising them alone for 11 years with no financial support from their father.The family court ordered the father to pay maintenance to the minor son but did not pass any order to pay for the daughters who already are above the age of  majority.The mother appealed against this order by the family court  filed under Section 28(2) of the Hindu Marriage Act, 1955 read with Section 19(2) of the Family Courts Act, 1984. The counsel for the appellant contended that the mother was aggrieved because the maintainance amount was not allowed to her as well as her daughters. She had been supporting three children for 11 years and paying up for the needs and expenses, and it is the fathers obligation to maintain his wife and unmarried daughters.Since, she had been maintaining the daughters, she was entitled to claim maintenance for herself and her unmarried daughters. The counsel for the respondent contended that the maintenance is specifically for unemployed and dependent daughters.There is no provision in Hindu Marriage Act to obligate him to provide  maintenance to earning daughters and wife. The Delhi High Court clarified that although a person is earning it cannot assumed that the person can maintain themselves with the income.So father cannot deny his responsibility towards his unmarried daughters as it is a legal obligation and absolute in character and arises from the very existence of the relationship between the parties.The daughters who  have attained majority, are also entitled to maintenance amount for their wedding expenditures and hence quantum of maintenance for both were fixed by the court.The court held that “he cannot simply resile from that relationship, and the accompanying legal and moral obligation, and state that he will not take care of them. The father’s duty to maintain his unmarried daughters, including his duty to provide for their marriage is clearly recognized by the law.” The appeal was dismissed with the hope that the mother would further make efforts to bridge the relationship between the father and the children.