The Supreme Court held that “Daughter is not entitled to any amount from her father for her education or marriage if she does not want to maintain any kind of relationship with him.”
The Court was hearing a divorce plea filed by the husband after it was turned down by Punjab and Haryana High Court. He initially filed a plea for restitution of conjugal rights which was dismissed and then he filed a plea seeking dissolution of marriage before the District Judge. The Judge allowed the plea on the ground of desertion which was later challenged by the wife before the Punjab and Haryana High Court. The lower court’s order was set aside due to which the husband approached the Supreme Court. During the divorce pleadings, attempts of reconciliation were made before the Supreme Court Mediation Centre and even the aspect of daughter and father was subject to reconciliation proceedings. The daughter had been living with her mother since birth and now she doesn’t want to do anything with her father.
So, the Court under article 142 of the Indian Constitution declared the marriage between the parties over on the grounds of ‘irretrievable breakdown of the marriage.’ Regarding the daughter’s expenses, the Court said that she is not entitled to any amount. The Court opined that ‘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.’ Thus, the Court fixed the permanent alimony of the respondent at 8,000 per month as interim maintenance and 10 lakhs in full and final settlement of all claims. The Court also observed in the order passed in December 2021 that ‘if the daughter, who is now aged about 20 years, would have to develop some interaction with her father if she wants him to play a role in her education.’
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