Providing for daughter’s marriage part of man’s duty: SC

New Delhi: The Supreme Court on Friday said meeting reasonable expenses of daughter’s marriage is a natural extension of the father's duty, as it directed a man to pay Rs 10 lakh to his wife for the purpose, while upholding the grant of divorce to the couple.

Considering a woman's plea against grant of divorce, a bench of Justices Vikram Nath and Sandeep Mehta found it was evident that the marital relationship between the parties entered in 1996 has ceased to exist in substance and even an attempt at mediation proved unsuccessful. 

However, the bench said, "We are of the considered view that the respondent can and should contribute Rs 10 lakh for this purpose as meeting the reasonable expenses of his daughter’s marriage is a natural extension of his duty as a parent, irrespective of differences with the spouse."

The court said there was no reason to interfere with the decree of divorce granted by the Family Court in 2019 and affirmed by the Delhi High Court in 2023, in view of the long separation and irretrievable breakdown of the marriage.

The High Court had affirmed the divorce order, as the parties had been in constant acrimony since the inception of their marriage, leading the wife to make repeated complaints to the police. The High Court held that lodging false complaints amounted to cruelty. It also said that the parties have lived separately since around 2009, with no attempt at reconciliation.  

The wife, for her part, pressed the appeal only to the limited extent of payment of Rs 10 lakh towards marriage expenses of the daughter born to the couple in 1997.

Upon examining the matter, the bench said, "It is clear that the litigation between the parties has been prolonged and acrimonious. Yet, the appellant-wife has been reasonable in limiting her claim.

The court said, she has raised and supported both children largely on her own. 

"It is a father’s duty to provide for his children, and meeting the marriage expenses of his daughter is a modest obligation," the bench said.

The parties took conflicting stands on the respondent man's income. "Nevertheless, on our consideration of the record and submissions, we are satisfied that the respondent is capable of making provision for his daughter’s marriage," the bench said.

The court upheld the decree of divorce subject to the payment of money. The couple got married in 1996 and a daughter and a son were born in 1997 and 1999. The man first filed a plea for divorce in 2009. In separate proceedings, the wife also filed a plea under the Domestic Violence Act. The man also claimed DNA testing of both the children but his plea was dismissed and he was asked to pay Rs seven lakh to the wife, holding him guilty of domestic violence.