The Supreme Court has ruled that a major daughter is not entitled to claim expenses for education and marriage from her father if she is not willing to maintain the relationship. The apex court’s order came in a divorce case where the court granted the separation plea on the ground of irretrievable breakdown of the marriage.
The top court noted that since the daughter is 20 years old and was not inclined to maintain ties with her father, she can’t claim any amount from him for marriage and education. However, the court also said that it must be ensured that a sufficient amount is available with the mother to support the daughter (if the mother so desires). The top court fixed the permanent alimony of Rs 10,00,000 for the wife in full and final settlement of all claims, reported Live Law.
“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 but while determining the amount to be paid as permanent alimony to the respondent(mother), we are still taking care to see that if the respondent so desires to support the daughter, funds are available”, said the court.
Since the observation was made while passing an order to dissolve the marriage, thus the observations might not have a binding force as a law laid down.
The top court had earlier put a condition to the husband that divorce will be granted only if he agrees to bear the educational expense of his daughter. However, when the two were made to meet in the court’s mediation centre, the meeting turned ‘acrimonious and unpleasant. Therefore, the court observed that if the daughter wants her father to pay for her education, then she would have to develop some interaction with the appellant-father.