The Supreme Court on Thursday ruled that a daughter is not entitled to any amount from her father for her education or marriage if she “doesn’t want to maintain any relationship” with him.
The top court’s order came in a divorce case where the court granted the separation plea on the ground of irretrievable breakdown of the marriage.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh 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.
“In so far as the daughter’s expenses for education and marriage are concerned, it appears from her approach that she doesn’t 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.”
However, the court said, if the mother of the girl desires permanent alimony to support her daughter then the court would take care to ensure that the amount is made available to the mother.The court fixed the permanent alimony of Rs 10,00,000 for the wife.
The couple got married in the year 1998 as per the Hindu rites and a daughter was born in 2001.
However, the wife left the house and started living at her father’s house after he passed away in December 2002.
The husband filed a petition in the Punjab/Haryana High Court for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1956, but his petition was dismissed by the court in 2004.
His wife on the other hand said, that her husband had thrown her out of the home in 2004 and demanded dowry. The daughter of the couple is living with her mother since birth, therefore, the wife had sought divorce from the appellant.
The meeting of the couple and their daughter in court’s mediation centre had turned unpleasant and ugly therefore, the court observed that if the daughter wants her father to pay for her education, then she would have to develop a cordial relationship with her father.