Daughter not keen to maintain relationship with father not entitled to his money, rules SC

The ruling came in the case of a divorce petition, wherein a girl child has been staying with her mother since birth

The Supreme Court has granted a decree of divorce to a Haryana couple on the ground of irretrievable breakdown of marriage with a direction to the man to pay Rs 10 lakh to his wife, while holding that their 20-year-old daughter was not entitled to any amount as she chose not to maintain any relationship with the father.

A bench of Justices Sanjay Kishan Kaul and M M Sundresh said, "We are faced with the scenario of failed marriage at least since 2004, 18 years have passed and thus, the chances of any reconciliation are impossible."

After computing salary and properties of the 52-year-old man, the court directed him to pay Rs 10 lakh to his wife as full and final settlement.

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However, with regard to the daughter’s expenses for education and marriage, the bench said, "It appears from her approach that she does not want to maintain any relationship with the man and is about 20 years of age. She is entitled to choose her own path but then cannot demand from the appellant the amount towards the education."

The court pointed out attempts to amicably settle the matter became acrimonious and unpleasant.

"Nothing really subsists in this marriage except mutual acrimony. It is not even possible for the parties to sit across the table or to even talk over telephone to come to a reasonable understanding. There remains no doubt about irretrievable breakdown of marriage in the facts of the present case," the bench said.

It also noted in earlier proceedings that the woman was not disagreeable to the grant of a decree of divorce on account of irretrievable breakdown of marriage, without admitting the allegations made by the man against her in the divorce petition.

"The legal position emanating from various judgements does say that the Supreme Court can in special circumstances pass appropriate orders to do justice to the parties in a given factual scenario by invoking the powers under Article 142 of the Constitution and this was to the extent of granting a decree of divorce by mutual consent," the bench said.

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