FATHERS OWE A RESPONSIBILITY TO MAINTAIN THEIR CHILD TILL THE CHILD ATTAINS THE AGE OF THE MAJORITY - SC

Case: Neha Tyagi vs. Lieutenant Colonel Deepak Tyagi

The Supreme Court held that the liability of a father to maintain his child continues till the age of majority even after the dissolution of marriage.  

The Top Court was hearing an appeal filed by a wife against the order passed by the Rajasthan HC, whereby the HC confirmed a dissolution of marriage decree between the Appellant and respondent on the grounds of cruelty and desertion by the Appellant. During the course of the marriage, the respondent was an Army Officer. The Appellant filed several complaints of extramarital affairs, including complaints before the respondent's employer. 

An inquiry took place by the Army whereby the respondent was exonerated. The respondent then filed a plea before the Jaipur Family Court seeking a divorce on the ground of cruelty and desertion by the wife, which was allowed. The Rajasthan HC upheld the same. 

The Appellant urged the bench of Justices MR Shah and AS Bopanna that

the findings against the Appellant on cruelty may be expunged, and marriage may remain dissolved on account of irretrievable breakdown since both parties were residing separately since 2011 and the husband was already re-married. The wife further submitted that she and her 13-year-old son were not paid maintenance, which they were receiving from the Army authorities until November 2019. 

She prayed before the bench to direct the respondent be directed to pay them as they had no independent income.

The Apex Court upheld the order passed by the Family Court but on the ground of irretrievable breakdown. The bench further emphasized that the respondent owed an obligation to his son till he became an adult and, therefore, was directed to pay ₹50,000 per month. 

Author: Papiha Ghoshal