Orissa High Court
Sri Rasananda Samal vs Subhasmita Samal & Another on 13 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.85 of 2021
Sri Rasananda Samal ......... Appellant
Mr. Hemant Kumar Mohanty, Adv.
-Versus-
Subhasmita Samal & another ........ Respondents
CORAM:
JUSTICE C.R. DASH
JUSTICE BISWANATH RATH
ORDER
13.12.2021
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard.
3. The appellant has filed this appeal against an application filed
by the daughter under the Hindu Adoption and Maintenance Act for
payment of her marriage expenses.
4. Learned Judge, Family Court, Jagatsinghpur, while disposing
of the Civil Proceeding, being, C.P. No. 971 of 2012 has passed the
following order on 26.10.2021, which reads thus:-
"The petition and the same is partly allowed on contest
against respondent No.2. Respondent No.2 is directed
to pay Rs.4,00,000/- (Rupees Four lakhs) to the mother
of the petitioner namely Mataji Samal for the marriage
expenses of the petitioner. The opposite party is further
directed to pay the amount of Rs.4,00,000/- (Four
lakhs) forthwith to the mother of the petitioner failing
which the said amount will carry an interest @ 6% per
annum till the date of actual payment."
5. The main ground in the appeal is that, though the mother was
not a party in the proceeding, order has been passed to pay the
expenses to the mother of the respondent in the Civil Proceeding. It is
further submitted that, though the appellant is keen to pay the amount,
he needs some time and a platform, so that there can be union
between the husband and wife.
6. We feel persuaded to observe here that, it is a pious duty of a
father to give his daughter in marriage to an appropriate person. The
father (present appellant) has, however, abdicated such duty. The
mother of the petitioner in the Civil Proceeding, who has been
examined as P.W.1 before the learned Judge, Family Court,
Jagatsinghpur, has testified in paragraph-20 of her cross-examination
that, she has spent a sum of Rs.5,00,000/- (Rupees five lakhs) in the
marriage of her daughter and the same is towards the chain and ring
(gold) of her son-in-law, ornaments of her daughter, "Bata Kharcha",
"Bhoji", "Bhara", "Luga pata kharcha". The expenditure of
Rs.5,00,000/- in a present day marriage after 1990 is considered to be
a minimum expenditure.
7. The mother, who is staying apart with her daughter from the
present appellant since 1993 in her parental house, has arranged the
marriage and has ventured to spend the amount to see that, her
daughter is well married. Though this should be the dream of the
parents together, the mother herself has done all the things alone
without the emotional and monetary support by the appellant.
8. Having perused the impugned Judgment and the reasons given
therein, we concur with the view and reasons supplied by the learned
Judge, Family Court, Jagatsinghpur and give credit to the mother of
the petitioner in the Civil Proceeding that, she arranged such money to
give her daughter in marriage. Now, it is the turn and duty of the
father (present appellant) to see that, the mother is compensated well
and the award of Rs.4,00,000/- is a just compensation according to
our considered view.
9. If the appellant is unable to pay the aforesaid amount in one
go, he may file a petition before the learned Judge, Family Court,
Jagatsinghpur to fix suitable installments and time limit by depositing
at-least Rs.2,00,000/- (Rupees two lakhs). If such a petition is filed
before the learned Judge, Family Court, Jagatsinghpur along with the
deposit of Rs.2,00,000/-, the same shall be disposed of in accordance
with law, taking into consideration the convenience and ability of the
appellant.
10. With the aforesaid observation, the MATA is disposed of.
11. Urgent certified copy of this Order be granted as per rules.
...............................
(C.R. Dash)
JUDGE
...............................
(Biswanath Rath)
JUDGE
Subha
