READ JUDGEMENT | Supreme Court Exercises Article 142 To Grant Divorce To Husband; Father To Pay Maintenance To Son Till Adulthood

The Supreme Court in its latest judgement has affirmed that the liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority, while dissolving marriage of a couple who have been living separately since the past decade. 

Case:

The marriage between the appellant wife and the respondent husband was solemnised November 2005. Husband was serving as an Army Officer as Major. A son was born to the couple in February 2008, who is 13-years-old at present.

Dispute arose between the husband and the wife and the appellant-wife filed number of complaints against the respondent-husband before his employer – Army Authorities, including alleged complaints of extra-marital affairs of the respondent-husband.

An enquiry was initiated by the Army Authorities against the respondent husband for extra-marital affairs on the basis of the complaints dated 2014 and 2015 made by the appellant-wife. In the enquiry, the respondent-husband was exonerated.

Husband Files For Divorce

The respondent-husband filed a case against appellant-wife before the learned Family Court, Jaipur in November 2014 seeking a decree of divorce and dissolution of marriage on the ground of cruelty and desertion by the appellant-wife.

Maintenance

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. That by judgment and decree dated 19.05.2018, the learned Family Court passed a decree for dissolution of marriage between the appellant and the respondent on the ground of cruelty and desertion by the appellant-wife.

High Court of Judicature for Rajasthan at Jaipur

The High Court dismissed an appeal by wife challenging divorce decree, and confirmed the judgment and decree passed by the learned family Court. Hence, the present appeal is at the instance of the appellant-wife

Supreme Court:

The wife requested the top 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,

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.

Maintenance to Minor Son

The apex court said,

It also cannot be disputed that the son has a right to be maintained as per the status of his father. A child should not be made to suffer due to disputes between his parents.

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. It noted,

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.

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

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