The Supreme court on 2nd December 2021 observed that the liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority, the observed in a judgment dissolving marriage of a couple and it said that "It also cannot be disputed that a child should not be made to suffer due to disputes between his parents.
In this case, the wife had approached the Apex Court against the High Court judgment that dismissed her appeal against the judgment of Family Court dismissed her appeal against the judgment of Family Court dissolving the marriage on the ground of cruelty and desertion. She requested the court to expunge thefindings against her on "cruelty".
The bench comprising Justices MR Shah and AS Bopanna noted thatin 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.
The court also observed thatwhatever 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 thestatus of his father.
Hence the court concluded thathusband cannot be absolved from his liability and responsibility to maintain his son till he attains the age of majority. While confirming the divorce decree, the bench also directed the husband to pay Rs.50,000/- per month with effect from December,2019.
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