Father liable to maintain son till he becomes a major, rules SC


New Delhi, Dec 2 (IANS): The Supreme Court on Wednesday said a child should not suffer in the dispute between a husband and wife, as it held that it is responsibility of the father to maintain the son till he attains the age of majority.

A bench of Justices M.R. Shah and A.S. Bopanna said: "Whatever be the dispute between the husband and the wife, a child should not be made to suffer. The liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority. It also cannot be disputed that the son has a right to be maintained as per the status of his father."

The bench noted that the mother of the child is not earning and she is residing at her parental house at Jaipur.

"Therefore, a reasonable/sufficient amount is required for the maintenance of her son including his education etc. which shall have to be paid by the respondent-husband, irrespective of the decree of dissolution of marriage between the appellant-wife and the respondent-husband," it added.

The apex court, exercising its power under Article 142 of the Constitution, confirmed the divorce decree awarded to the husband and wife by the family court and the high court. It also directed the father to provide Rs 50,000 maintenance per month.

The bench took into consideration the estranged couple has not been staying together since May 2011 and therefore, there is an irretrievable breakdown of the marriage between them.

The bench noted since December 2019, the father had stopped paying the amount, which was being paid under the order passed by the Army authorities on November 15, 2012.

"The respondent-husband is directed to pay Rs 50,000 per month with effect from December 2019 to the appellant-wife towards the maintenance of the son as per the status of the respondent herein. The arrears @ Rs 50,000 per month from December 2019 to November 2021 shall be paid within a period of eight weeks from today."

The marriage between the couple was solemnised on November 16, 2005, and the man was then serving as a Major. The couple's child is now aged 13 years.

In May 2018, the family court passed a decree for dissolution of the marriage between the husband and wife on the ground of cruelty and desertion by the wife, and it was confirmed by the high court.

 

  

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Comment on this article

  • ANNU, Mlore

    Thu, Dec 02 2021

    If father has to pay Rs 50000 per month to his son and wife , then who will pay Father? He also has expenses

    DisAgree Agree Reply Report Abuse

  • mohan prabhu, mangalore/canada

    Fri, Dec 03 2021

    There is no order of maintenance for life of the wife living apart and the decree of divorce was clear that she was responsible for cruelty and desertion on which basis divorce was granted. The divorcee has both the cake and can eat it too. The man w has to wait for 5 more years until the boy becomes 18, and thereafter the divorced wife will come after him for her own maintenance as she has no income. Her "other wealth" does not have to be accounted. Wish the judges will some day face a similar personal problem, so they have to hang on to their marriage - if there are under-age children, they will be saddled with maintenance payment for up to 18 years, dependng on their status in life, which if the Major hasto pay Rupees 50,000 every month, the divorcing SC judge will be saddled with ten times more!!!!

    DisAgree Agree [1] Reply Report Abuse

  • Mangalurian, Mangaluru

    Thu, Dec 02 2021

    The mother has no liability whatsoever? Are we living in the Stone Age? Children should always be a joint responsibility. Regardless, it is best for a man to marry AFTER the girlfriend has celebrated her 40th birthday. Otherwise the hell for man begins too early.

    DisAgree [1] Agree [10] Reply Report Abuse


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