The Supreme Court on Thursday said that if a daughter does not have any relationship with her father, she will not be entitled to any expenses from her father. A bench of Justices Sanjay Kishan Kaul and MM Sundresh delivered the verdict while awarding a divorce decree to the couple after the marriage broke up between the two parties.
The top court has directed the husband to deposit a cost of Rs 10 lakh as full and final settlement of all claims. This amount is to be deposited in the court within two months which will be released to the appellant wife. The Supreme Court clarified that if the amount is not demanded for a period of one month from the date of deposit, it will be kept in the FDR accrued interest for a period of 91 days, which will be kept renewed.
The top court said that as far as the education and marriage expenses of the daughter are concerned, it appears from her point of view that she does not want to have any relationship with the appellant and she is around 20 years of age. “She is entitled to choose her own path, but then the appellant cannot demand the amount for education. Thus we hold that the daughter is not entitled to any amount but to be paid as permanent alimony to the respondent. the amount to be determined. Hui and a daughter was born in 2001.
The husband has claimed in the court that the daughter is not living with her mother and the appellant (father) but in her father’s house since his death in December 2002. He then filed a petition for restoration of marital rights under Section 9 of the Hindu Marriage Act, 1955, but it was rejected in 2004 on default. The wife has alleged that her husband threw her out of her in-laws’ house in October 2004 and demanded dowry. The daughter has been living with the respondent since birth and thus the wife had sought divorce.