Child should not be made to suffer due to husband-wife dispute SC
New Delhi Dec 30 PTI Observing that a child should not be made to suffer due to a dispute between a husband and wife the Supreme Court has asked an Army officer to look after the maintenance of his 13-year-old son till he attains the age of majorityWhile dissolving the officers marriage a bench comprising Justices M R Shah and A S Bopanna directed him to pay Rs 50000 as maintenance to the wifeConsidering the fact that both the appellant-wife and the respondent-husband are not staying together since May 2011 and therefore it can be said that there is irretrievable breakdown of marriage between them It is also reported that the husband has already re-married Therefore no useful purpose shall be served to further enter into the merits of the findings recorded by the courts below on cruelty and desertion by the appellant-wife the bench said In view of facts and circumstances of the case and in exercise of powers under Article 142 of the Constitution the decree passed by the Family Court is not required to be interfered with on account of irretrievable breakdown of marriage the apex court saidHowever at the same time the husband cannot be absolved from his liability and responsibility to maintain his son till he attains the age of majority Whatever 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 childson attains the age of majority the bench saidThe top court noted that the mother is not earning anything and therefore a reasonablesufficient amount is required for the maintenance of her son including his education etc which shall have to be paid by the husbandIn view of the above and for the reasons stated above the present appeal stands disposed of by confirming the decree of divorcedissolution of the marriage between the appellant-wife and the husband However the husband is directed to pay Rs 50000 per month with effect from December 2019 to the wife towards the maintenance of son it said in a recent orderThe marriage between the Army officer and his wife was solemnised on November 16 2005 The wife had filed a number of complaints against the husband before Army authorities including those pertaining to alleged extra-marital affairs of the respondent-husband An enquiry was initiated by the Army authorities against the officer in which he was exoneratedThe Army officer filed a case against the wife before the Family Court Jaipur in 2014 seeking a decree of divorce and dissolution of marriage on the grounds of cruelty and desertion by the wife The Family Court passed a decree for dissolution of marriage between the appellant and the respondent on grounds of cruelty and desertion by the wife PTI PKS DV DV
New Delhi Dec 30 PTI Observing that a child should not be made to suffer due to a dispute between a husband and wife the Supreme Court has asked an Army officer to look after the maintenance of his 13-year-old son till he attains the age of majorityWhile dissolving the officers marriage a bench comprising Justices M R Shah and A S Bopanna directed him to pay Rs 50000 as maintenance to the wifeConsidering the fact that both the appellant-wife and the respondent-husband are not staying together since May 2011 and therefore it can be said that there is irretrievable breakdown of marriage between them It is also reported that the husband has already re-married Therefore no useful purpose shall be served to further enter into the merits of the findings recorded by the courts below on cruelty and desertion by the appellant-wife the bench said In view of facts and circumstances of the case and in exercise of powers under Article 142 of the Constitution the decree passed by the Family Court is not required to be interfered with on account of irretrievable breakdown of marriage the apex court saidHowever at the same time the husband cannot be absolved from his liability and responsibility to maintain his son till he attains the age of majority Whatever 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 childson attains the age of majority the bench saidThe top court noted that the mother is not earning anything and therefore a reasonablesufficient amount is required for the maintenance of her son including his education etc which shall have to be paid by the husbandIn view of the above and for the reasons stated above the present appeal stands disposed of by confirming the decree of divorcedissolution of the marriage between the appellant-wife and the husband However the husband is directed to pay Rs 50000 per month with effect from December 2019 to the wife towards the maintenance of son it said in a recent orderThe marriage between the Army officer and his wife was solemnised on November 16 2005 The wife had filed a number of complaints against the husband before Army authorities including those pertaining to alleged extra-marital affairs of the respondent-husband An enquiry was initiated by the Army authorities against the officer in which he was exoneratedThe Army officer filed a case against the wife before the Family Court Jaipur in 2014 seeking a decree of divorce and dissolution of marriage on the grounds of cruelty and desertion by the wife The Family Court passed a decree for dissolution of marriage between the appellant and the respondent on grounds of cruelty and desertion by the wife PTI PKS DV DV
