Supreme Court of India
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New Delhi: The Supreme Court has said it is equitable and obligatory for a father to provide for his children, especially when he has the means and the capacity, even though the children have become adults, as in today's competitive world, gainful employment could be obtained after pursuing higher education beyond 18 years of age.
Dissolving the 1998 marriage of an international banker due to over two decades of separation and a soured relationship with his homemaker wife, a bench of Justices Vikram Nath and Prasanna B Varale directed him to pay his spouse Rs 5 crore as one time settlement and Rs 1 crore to his 23-year-old son who has just completed his B Tech degree.
In its judgment on Tuesday, the top court concurred with the Delhi High Court's observations that only after completion of a college or university degree and in some cases, completing a post-graduation or professional degree, would the child be able to secure employment.
"In fact, it can safely be concluded that, in today's competitive world, gainful employment may be feasible only after the child has pursued education beyond 18 years of age. Mere completion of his engineering degree does not guarantee gainful employment, in these competitive times," the bench said.
The court emphasised it is equitable and obligatory for a father to provide for his children, especially when they have the means and the capacity to do the same.
The court noted the appellant worked as the Chief Executive Officer of a bank in Dubai and his estimated salary was around Rs 10 to 12 Lakhs per month.
The court also noted though he has filed details of his DEMAT accounts from 2010, and it is revealed that he had investments of around Rs 5 crore at that time. Further, he has three properties worth approximately Rs 2, 5 and 10 crores respectively.
"The appellant herein has sufficient means to support his child, and thus provision should also be made for his maintenance and financial security as well. An amount of Rs one crore only towards the maintenance and care of the son appears to be fair, which he can utilise for his higher education and as security till he becomes financially independent," the bench said.
The court here dissolved the marriage using its power under Article 142 of the Constitution as both the parties consented to it.
The man challenged the Delhi High Court's order enhancing interim maintenance to the wife from Rs 1.15 lakh per month to Rs 1.45 lakh per month.
The court, by directing the man to pay one-time settlement amount, said the issue of maintenance pendente lite is now infructuous with the dissolution of marriage, but the financial interest of the wife still needs to be protected through grant of permanent alimony.