Supreme Court: The Supreme Court has recently said that the daughter has a legitimate right to demand expenses for her education from her parents and they (parents) can be forced to pay the necessary amount within their means. A bench of Justices Surya Kant and Ujjwal Bhuyan made the observation in a matrimonial dispute case in which the daughter of an estranged couple had sought alimony from her father for her studies as a part of the total maintenance being paid to her mother. Refused to take Rs 43 lakh given for it. The couple’s daughter is studying in Ireland.
The bench said in its order dated January 2, “Being a daughter, she has a legitimate right to demand the expenses of her education from her parents. We believe that the daughter has a fundamental right to continue her education and for this the parents have to “Can be obliged to commit the necessary sums within the limits of its financial resources.”
Court declared it legal to take daughter’s money
The order said that the couple’s daughter had refused to accept the amount to maintain her dignity and had asked him (the father) to take the money back, but he (the father) had refused. The court said that the daughter is legally entitled to this amount. The bench referred to the agreement signed by the estranged couple on November 28, 2024, which was also signed by the daughter.
The court said that the husband had agreed to pay a total of Rs 73 lakh to his estranged wife and daughter, of which Rs 43 lakh was for the educational needs of his daughter and the rest for the wife. The bench said that since the wife has received her share of Rs 30 lakh and both the parties have been living separately for the last 26 years, the bench sees no reason for not ordering divorce by mutual consent. The court said, “In the result, we, in exercise of our powers under Article 142 of the Constitution, dissolve the marriage of both the parties by ordering divorce by mutual consent.”
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