New Delhi : The Supreme Court on Thursday said that a daughter would not be entitled to any expenses from her father if she does not maintain any relationship with him.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh ruling came while granting the decree of divorce to a couple on account of irretrievable breakdown of the marriage between the parties.
The apex court has directed the husband to deposit costs of Rs 10 lakh as full and final settlement of all claims. The amount is to be deposited in this Court within two months and would be released to the appellant’s estranged wife. If the amount is not sought for a period of one month from the date of deposit, it will be kept in FDR earning interest for a period of 91 days to be kept renewed, the Supreme Court clarified.
The top court noted 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, we are still taking care to see that if the respondent so desires to support the daughter, funds are available,” the Supreme Court said.
A marriage was solemnized between the couple in 1998 as per Hindu rites and a daughter was born in 2001.
The husband claimed that the respondent, wife, has been residing not with the appellant but in her father’s home after he passed away in December 2002. Then he filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 but the same was dismissed on default in 2004.
The wife has alleged that her husband had thrown her out of the matrimonial home in October 2004 and demanded dowry. The daughter has been living with the respondent since birth, and thus the wife had sought the divorce petition.