Published on: November 15, 2023 at 17:01 IST
Court: Supreme Court of India
Citation: Neha Tyagi V. Deepak Tyagi (2022)
Honourable Supreme Court of India has held that a husband cannot be absolved of his responsibility towards the children. It is held that the divorce is a change of marital status between a husband and wife which does not affects the responsibility towards the child arising out of the said marriage. It is held that a child must be provided with a reasonable / sufficient amount towards their maintenance, education etc. which shall have to be paid by the father irrespective of the decree of dissolution of marriage.
6. However, at the same time, the respondent husband cannot be absolved from his liability and responsibility to maintain his son Pranav 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 Pranav has a right to be maintained as per the status of his father. It is reported that the mother is not earning anything. 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. The amount which was being paid pursuant to the order passed by the Army authorities on 15-11-2012 has also been stopped by the respondent husband since December 2019.
Drafted By Abhijit Mishra
