Father Responsible To Maintain Child Till Adulthood
Case: Neha Tyagi vs Lt. Col Deepak Tyagi
Coram: Justices MR Shah and AS Bopanna
Case No.: CA 6374 OF 2021
Court Observation: “It also cannot be disputed that the son has a right to be maintained as per the status of his father”
“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.”
“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.”
[doc id=12373]
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Keywords
Father Responsible, Maintain Child, Adulthood
