Daughter not entitled to fiscal aid from father if ties severed: SC

Satya Prakash

New Delhi, March 17

A daughter isn’t entitled to any amount from her father for her education or marriage if she doesn’t want to maintain any relationship with him, the Supreme Court has ruled.

“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,” a Bench led by Justice Sanjay K Kaul said in its March 10 order.

Dealing with the case wherein the daughter — living with her mother separated from her father — refused to meet the father, the Bench had earlier said a daughter expecting her father to support her education should play the role of a daughter. The girl’s parents were engaged in a matrimonial dispute wherein the wife shifted to her parental house along with the daughter.

After losing his plea for restitution of conjugal rights, the husband succeeded in getting a decree of divorce on the ground of desertion from the subordinate court. However, the Punjab and Haryana High Court set aside the order, forcing the man to move the Supreme Court which had earlier ordered him to pay the education expenses of his daughter.

Using its powers under Article 142 of the Constitution, the top court dissolved the marriage on the ground of “irretrievable breakdown of marriage” after attempts to reach a mediated settlement failed. “We are unequivocally of the view that nothing really subsists in this marriage except mutual acrimony. It is not even possible for the parties to sit across the table or to even talk over telephone to come to a reasonable understanding. There remains no doubt about irretrievable breakdown of marriage in the facts of the present case,” said the Bench.

However, the Bench said, “While determining the amount to be paid as permanent alimony to the respondent (wife), we are still taking care to see that if the respondent so desires to support the daughter, funds are available.” It fixed the permanent alimony of the wife at Rs 10 lakh in full and final settlement of all claims to be deposited in the court within two months.