Chaini Parwani –
Published on: December 2, 2021 at 20: 44 IST
The Supreme Court on Wednesday stated that in a Dispute between husband and wife the Liability and Responsibility of the Father to maintain the Child continues till the child attains the age of Majority.
A Bench comprising of Justices MR Shah and AS Bopanna observed “Therefore, in the facts and circumstances of the case and in the exercise of powers under Article 142 of the Constitution of India, the Decree passed by the 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.”
Further the Court noted that in any dispute between the Husband and the Wife, a Child should not be made to suffer and that the liability and responsibility of the Father to maintain the child continues till the child attains the age of Majority.
Furthermore, the Court highlighted that since the mother is unemployed and she is residing at her parental house at Jaipur, a satisfactory amount should be awarded as maintenance of her son including his education and other expenses by her husband, irrespective of the Decree of Dissolution of the Marriage between the Wife and the Husband.
The Bench stated “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 @ ₹ 50,000 per month from December 2019 to November 2021 shall be paid within a period of eight weeks from today.”
The Bench further noted that the current maintenance of ₹ 50,000 per month from December 2021 onwards should be deducted from the salary of the husband by the Army Authorities, which shall be directly credited in the Bank Account of the Mother.