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        1975 (2) TMI 127 - HC - Indian Laws

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        Maintenance includes reasonable marriage expenses, and interim relief may be ordered from joint family property during partition proceedings. An unmarried daughter's maintenance can include reasonable marriage expenses under Section 20 read with Section 3(b) of the Hindu Adoptions and ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Maintenance includes reasonable marriage expenses, and interim relief may be ordered from joint family property during partition proceedings.

                              An unmarried daughter's maintenance can include reasonable marriage expenses under Section 20 read with Section 3(b) of the Hindu Adoptions and Maintenance Act, 1956. In a pending partition dispute over alleged joint Hindu family property, the Court found a prima facie basis to treat the property as joint family property and held that interim relief could be granted to secure marriage expenses. Even without an express provision in the Code of Civil Procedure, the Court said Section 151 could be invoked where no prohibition exists and justice requires protection, so interim deposit for marriage expenses was maintainable.




                              Issues: Whether, pending a partition suit concerning alleged joint Hindu family property, the Court could grant an interlocutory order directing provision of marriage expenses for an unmarried daughter out of the estate or otherwise under its inherent powers.

                              Analysis: The Court found a prima facie basis for treating the property as joint family property on the material before it, while leaving the final title question to trial. It held that an unmarried daughter's right to maintenance includes reasonable marriage expenses under Section 20 and Section 3(b) of the Hindu Adoptions and Maintenance Act, 1956. The Court further held that, even if Section 94 of the Code of Civil Procedure did not expressly provide for such relief, the Court's inherent power under Section 151 of the Code of Civil Procedure could be invoked where no express prohibition existed and the order was necessary to secure justice. On that basis, it concluded that interim provision for marriage expenses could be made pending the partition proceedings.

                              Conclusion: The interlocutory relief was held maintainable and the applications were allowed, with a direction that Rs. 25,000 be deposited for the marriage expenses of defendant No. 4.

                              Final Conclusion: The decision recognizes that an unmarried daughter's marriage expenses may be protected by interim judicial order in appropriate cases, even during pendency of a partition suit, by resort to the Court's inherent powers where substantive entitlement is shown prima facie.

                              Ratio Decidendi: Where an unmarried daughter has a prima facie entitlement to marriage expenses from joint family property or under the statutory duty of maintenance, the Court may grant interlocutory relief under its inherent powers if no express provision of the procedural code forbids such an order.


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                              ActsIncome Tax
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