In a judgment on December 1, the Supreme Court ruled that in a dispute between the wife and husband, the liability and responsibility of the father to maintain the child continues till the kid attains the full age of majority.
"It also cannot be disputed that the son has a right to be maintained as per the status of his father",
the court added. The apex court, which has exercised its plenary power under Article 142 to authenticate the divorce decree awarded to the wife and husband by the family court and the high court, ruled that the child be provided Rs 50,000 as maintenance by the father.
'Irretrievable Breakdown Of Marriage'
A kid should never suffer due to disputes between his parents, the court noted, according to Livelaw. It added that the couple has not been staying together since May 2011 and therefore it can be said that there is an irretrievable breakdown of the marriage between them.
A bench of Justices MR Shah and AS Bopanna said, "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".
What This Means
It noted that at the same time, the husband, an Army officer, cannot be absolved from his liability and responsibility to maintain his son till he attains the age of 18. The court highlighted that since the mother is not earning and is residing at her parental house at Jaipur and therefore, a sufficient amount is required for the maintenance of her son, including his education and other expenses which shall have to be paid by the husband, irrespective of the decree of dissolution of the marriage between the couple.