Delhi HC dismisses plea against Rs 2.5 lakh withdrawal limit for weddings

The high court had on November 28 reserved its verdict on the plea saying, government has given "relaxation" wherever necessary on the demonetisation issue.

By: PTI | New Delhi | Published: November 30, 2016 12:48 pm
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The Delhi High Court today dismissed a petition seeking relaxation of the Rs 2.5 lakh withdrawal limit for marriages.

“The writ petition is dismissed,” a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said on the plea which had also termed as “arbitrary” the guidelines which seek detailed list of persons to whom the cash withdrawn will be paid for marriage and declaration from them that they do not have a bank account.

The high court had on November 28 reserved its verdict on the plea saying, government has given “relaxation” wherever necessary on the demonetisation issue.

Earlier, the Centre had opposed the plea saying the government has already given certain exemptions but some conditions were needed so that nobody can misuse it.

“We cannot have an unmeasured and uncanalised situation. We have given exemptions. For weddings, if we will not put conditions, anybody can get a marriage card printed and go to the bank to withdraw Rs 2.5 lakh,” Additional Solicitor General Sanjay Jain, appearing for Centre, had told the bench.

In his plea, petitioner Birender Sangwan had said the cap of Rs 2.5 lakh withdrawal for marriages should be relaxed as there were various “customary donations” which one gives during the wedding ceremony.

“Liberty must be given for marriages so that one can pay as per the customs. How can somebody give such an undertaking? As per the guidelines, even the priest who performs marriages has to give undertaking of not having a bank account. The parents of the bride and groom should be allowed to withdraw money from their accounts without such arbitrary conditions,” it had said.

The petitioner’s counsel had also told the bench that some kind of liberty should be given to the parents of the bride and the groom to withdraw money as per their requirements and the Rs 2.5 lakh cap should be relaxed.

The Supreme Court is also hearing a batch of petitions against the demonetisation move announced on November 8. It is hearing the Centre’s plea seeking transfer of all petitions pending before various courts across the country to either the apex court or one high court. The hearing is scheduled on December 2.

Last week, the Delhi High Court had made it clear that it will not go into the correctness of the demonetisation policy as the apex court is already seized of it. The observation had come while the high court was hearing a plea against the weekly withdrawal cap of Rs 24,000.

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  1. G
    Nov 30, 2016 at 11:41 am
    Rights come with Duties.There is no such thing as 'own money'.Currency is just a promissory note issued by the govt which says that bearer would be paid equivalent amount but does not specify when the bearer would be paid the equivalent sum and in which form.Read the currency note.
    1. g
      Nov 30, 2016 at 8:15 am
      During the 1962 China war, strictest conditions were imposed on the conduct of Marriages by the then Govt. No marriage should have more than 20 guests and the local Magistrate was authorised to visit and check the marriage to see for any violations. Now, there is no limit on spending through cheques. Many of the tent wallahs started accepting cheques. The limit is on cash only. This also will go, may be after Dec 2016.
      1. P
        Parth Garg
        Nov 30, 2016 at 8:19 am
        The prime issue is how the government could put any embargo on withdrawals of the account holder in a bank. It is clearly a breach of the fundamental rights of a citizen. The Court ought to have decided the issue from the point of view of a person who is denied his own money.
        1. D
          Nov 30, 2016 at 8:46 am
          I agree with Parth. The government has no right to tell us that we should not withdraw our money by putting limitations on withdrawal. They did not contribute to our effort in earning the money. This is a clear violation of our fundamental rights.
          1. V
            Vasantha Ramakrishnan
            Nov 30, 2016 at 8:15 am
            Where did Reddy's money come from, in Bengaloru.
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