Marriage Expenses

“Marriage Expenses”

Mulla Hindu Law by S.T.Desai 16^th Edition:

“440: Marriage expenses – In the case of a Joint family governed by the Mitakshara law, the joint family property is liable, while the family is still joint, for the legitimate marriage expenses of male members of the family and also of the daughters of male members of the family.”

Case law:

Devalapalli Kameswara Sastri and others v. Polavarapu Veeracharlu, ILR 34 Mad. 422, a Division Bench of Madras High Court held that –

“The marriage of a member of the coparcenary is a family purpose; and where it is reasonably necessary on the part of a prudent manager to borrow money for such purpose, the transaction will bind the coparcenary whether they are Sudras or belong to the twice-born classes.Marriage is one of the necessary samaskaras or religious rites, in the case of Sudras, as well as the twice-born classes.The necessity, which will justify an alienation by the manager is not to be understood in the sense of what is absolutely indispensable but what according to the notions of a Hindu family would be regarded as reasonable and proper.”

In G.Gopalakrishnam Razu, minor by mother Bangaratta v. S.Venkataranarasu Razu and 3 others, ILR 37 Mad. 273 a Full Bench of Madras High Court has concluded in the following manner:

“Marriage is obligatory on Hindus who do not desire to adopt the life of a perpetual Bramachari or of a Sanyasi and debts reasonably incurred for the marriage of a twice born Hindu male are binding on the joint family properties.”

In D.Srinivasa Iyengar v. Thiruvengadathaiyangar, ILR 38 Mad. 556 is also a Full Bench decision wherein the majority view is as follows:

“Marriage is an obligatory ceremony for Hindus who do not desire to adopt the life of a Sanyasi; and a fund for the expenses of the marriage of unmarried co-sharers should be set apart at the partition of the paternal estate.”

 **