Bengaluru, June 24: The Karnataka government in the J Jayalalithaa appeal before the Supreme Court has cited in detail the marriage expenses which were not taken into proper consideration by the High Court of Karnataka.
In the disproportionate assets case, the marriage expenses of V N Sudhakaran had become a bone of contention when the cases were initially filed in Tamil Nadu.
The High Court while delivering the order of acquittal had not taken into account the calculations arrived at by the trial court.
The appeal states that while the marriage expenses were reduced considerably, the High Court claimed that the amount spent by the accused was Rs 28 lakh despite the accused themselves admitting it was Rs 29 lakh.
Marriage expenses deducted without consideration
The appeal which runs into nearly 4,000 pages states the High Court in page 913 of its appeal has dealt with the marriage expenses. The expenses have been deducted without going into the total expenditure.
Further the appeal argues that the High Court had concluded that in Hindu tradition it is the bride's side that spends on the marriage. J Jayalalithaa being from the bridegroom's side was accused of splurging several crores on the marriage.
The High Court had said that just because she was the Chief Minister then, one cannot saddle her with the expenses. The appeal says that the High Court had not based this argument on any evidence.
Further the appeal also states that if one were to consider the total expenditure the quantum of disproportionate assets would go up considerably and she would not be entitled.
Why did High Court reduce the sum?
The appeal says that the trial court was right in estimating the total expenditure of the marriage. When the matter was being heard in the trial court, the prosecution had submitted that Jayalalithaa and others had spent a sum of Rs 6 crores on the marriage.
However the trial court after detailed examination found that the amount of Rs 6 crore as claimed by the prosecution was too high. The trial court in its final order fixed the amount spent by the accused persons for the marriage to be at Rs 3 crore.
However when the matter was argued in the High Court, the accused persons had challenged the fixing of Rs 3 crore as marriage expenses. They admitted before the High Court that the amount spent by them was coming up to Rs 29 lakh.
However the High Court went ahead and fixed the amount at Rs 28 lakh despite the admission of the accused persons being higher.
This aspect requires consideration, the appeal states. Further they also state that the High Court has arrived at a wrong amount in its calculations and hence its order be set aside.