Father is liable and responsible to maintain his son till he attains age of majority: Supreme Court

Read Judgment: Neha Tyagi v. Lieutenant Colonel Deepak Tyagi 

Tulip Kanth

New Delhi, December 2, 2021:  The Supreme Court has ruled that 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. 

The Division Bench of Justice M.R.Shah and Justice A.S.Bopanna confirmed the decree of divorce/dissolution of the marriage between the appellant-wife and the respondent-husband and observed that the husband cannot be absolved from his liability and responsibility to maintain his son Pranav till he attains the age of majority.

Herein, the original appellant-wife had preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court of Judicature for Rajasthan at Jaipur, by which the said appeal was dismissed and the judgment passed by the Family Court dissolving the marriage between the appellant and the respondent on the ground of cruelty and desertion by the appellant, was confirmed.

The factual scenario of this case was that the marriage between the appellant and the respondent, who was serving as an Army Officer as Major, was solemnised in the year 2005.Out of the said wedlock, the appellant and the respondent have one son Pranav Tyagi who is aged 13 years.

Later,some dispute arose between the husband and the wife and the appellant-wife filed a number of complaints against the respondent-husband before his employer including the extra-marital affairs of the respondent-husband. An enquiry was initiated and in the enquiry, the respondent-husband was exonerated.

The respondent-husband, then, filed a case against the appellant-wife before the Family Court, Jaipur seeking a decree of divorce and dissolution of marriage on the ground of cruelty and desertion by the appellant-wife. Also,in the meantime and since 2012, the Army Authorities were deducting 27.5% of the salary per month from the pay and allowances of the respondent-husband as per Section 90(1) of the Army Act, 1950. Then, the Family Court passed a decree for dissolution of marriage between the appellant and the respondent.

It was urged on behalf of the  appellant-wife that the findings against the appellant-wife on cruelty may be expunged and marriage may be continued to remain dissolved on account of irretrievable breakdown of marriage since both wife and husband were residing separately since May, 2011 and the respondent-husband had already re-married. 

It was also submitted that since December, 2019, the appellant-wife and her son were not being paid any maintenance which they were receiving from the Army Authorities and it was prayed to direct the respondent husband to pay the maintenance to the appellant and her minor son.

The Bench was of the view that the appellant-wife and the respondent-husband are not staying together since May, 2011 and therefore it can be said that there is irretrievable breakdown of marriage between them. The Bench noted that it was also reported that the respondent-husband had already re-married. 

“Therefore, no useful purpose shall be served to further enter into the merits of the findings recorded by the courts below on cruelty and desertion by the appellant-wife. Therefore, in the facts and circumstances of the case and in exercise of powers under Article 142 of the Constitution of India, the decree passed by the learned Family Court, confirmed by the High Court, dissolving the marriage between the appellant-wife and the respondent-husband is not required to be interfered with on account of irretrievable breakdown of marriage”, held the Bench.

The Court made it clear that mother had not been earning anything. She was residing at her parental house at Jaipur. Therefore, a reasonable/sufficient amount was 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. 

Thus, confirming the decree of divorce/dissolution of the marriage between the appellant-wife and the respondent-husband, the Top Court directed the husband to pay Rs.50,000/- per month with effect from December, 2019 to the wife towards the maintenance of son Pranav as per the status of the respondent herein. 

The arrears at the rate of Rs. 50,000/- per month since December, 2019 to November, 2021 has also been directed to be paid within a period of eight weeks.

“The current maintenance @ Rs. 50,000/- per month from the month of December, 2021 onwards be deducted from the salary of the respondent-husband by the Army Authorities, which shall be directly credited in the bank account of the appellant-mother. The appellant-mother is directed to furnish the bank details to the Army Authorities within a period of one week from today”, ordered the Bench.

It has been further ordered that if the arrears, as ordered hereinabove is not paid by the respondent-father within a period of eight weeks, in that case, the recovery of arrears plus monthly maintenance shall be worked out by the Army Authorities and the same shall be deducted in equal monthly instalments from the salary of the respondent-father, so as not to exceed 50% of the total monthly pay and allowances of the respondent.