Father Responsible To Maintain Child Till Adulthood : Supreme Court

The liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority, the Supreme Court observed in a judgment dissolving marriage of a couple.

"It also cannot be disputed that the son has a right to be maintained as per the status of his father", the Court added.

Further, the court said that a child should not be made to suffer due to disputes between his parents.

In this case, the wife had approached the Apex Court against the High Court judgment that dismissed her appeal against the judgment of Family Court dissolving the marriage on the ground of cruelty and desertion. She requested the court to expunge the findings against her on "cruelty". Taking note of the factual aspects, the bench comprising Justices MR Shah and AS Bopanna observed thus:

However, considering the fact that both, 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. It is also reported that the respondent-husband has 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.

The court added that the husband cannot be absolved from his liability and responsibility to maintain his son till he attains the age of majority.

"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."

While confirming the divorce decree, the bench directed the husband to pay Rs.50,000/- per month with effect from December, 2019.

Click here to Read/Download Judgment