Daughter Not Keen To Maintain Ties With Father Not Entitled To His Money For Education, Marriage: SC

A bench of Justices Sanjay Kishan Kaul and MM Sundresh, ruled that in the case concerned, the daughter was 20 years old and did not want to maintain any relation with her father.

Daughter Not Keen To Maintain Ties With Father Not Entitled To His Money For Education, Marriage: SC (File Image)

New Delhi: The Supreme Court on Wednesday ruled that a daughter who is not willing to maintain any relationship with her father will not be entitled to any amount of money for her education or marriage.

A bench of Justices Sanjay Kishan Kaul and MM Sundresh, ruled that in the case concerned, the daughter was 20 years old and did not want to maintain any relation with her father.

"In so far as the daughter's expenses for education and marriage are concerned, it appears from her approach that she does not want to maintain any relationship with the appellant and is about 20 years of age…She is entitled to choose her own path but then cannot demand from the appellant the amount towards the education. We, thus, hold that the daughter is not entitled to any amount," the SC bench as quoted by news agency IANS said.

The order of the apex court comes on a divorce petition filed by the husband that was turned down by the Punjab and Haryana High Court.

Granting divorce, the bench said: "There remains no doubt about irretrievable breakdown of marriage in the facts of the present case. Thus, we are inclined to exercise our jurisdiction under Article 142 of the Constitution of India by granting a decree of divorce on the said ground."

It further observed that nothing subsists in this marriage except mutual acrimony and it is not even possible for the parties to sit across the table or to have a conversation over the telephone to reach a reasonable understanding.

The SC bench noted that the wife has practically no money and means and has been living with her brother who is supporting her and her daughter's education.

Determining the amount to be paid as permanent alimony to the mother, the bench said: "We consider it appropriate to fix the permanent alimony of the respondent, at present being paid at Rs 8,000 per month as interim maintenance, at Rs.10 lakh in full and final settlement of all claims."

The Supreme Court added that if the mother desires to support the daughter, funds are available.

Notably, the husband had filed a petition before a district judge seeking dissolution of marriage after his plea for restitution of conjugal rights was dismissed.

The district judge allowed the plea that was challenged by the wife before the high court. The husband then moved the Supreme Court after the high court set aside the lower court order.

The apex court mediation centre tried for reconciliation proceedings but it was not successful.