Matrimonial disputes: Divorce and maintenance – Appellantwife filed complaints against respondent-husband before his employer Army Authorities including allegations of extra-marital affairs – Respondent was exonerated after enquiry by Army Authorities – Thereafter, he filed divorce petition on the ground of cruelty and desertion by appellant wife – Meanwhile, Army Authorities started deducting 27.5% of the salary per month from the pay and allowances of the respondent in terms of s. 90(1) of the Army Act, 1950 – Family Court passed decree of divorce – High Court confirmed decree of divorce – Hence appeal by wife – Respondent did not appear – Despite the order of status quo, respondent has remarried – Prayer of appellant that the findings against her on ‘cruelty’ may be expunged on account of irretrievable breakdown of marriage since the parties were residing separately since 2011 and respondent-husband has remarried – Appellant further prayed for direction to respondent to pay maintenance to wife and minor son – It was submitted that since December 2019, the appellant-wife and her son were not paid any maintenance which they were receiving from Army Authorities – Held: There were concurrent findings recorded by the Family Court as well as the High Court on “cruelty” and “desertion” by the appellant-wife, which as such were on appreciation of evidence on record – In view of the fact that the couple are not staying together since May, 2011, it can be said to be a case of irretrievable breakdown of marriage between them – Respondent-husband has already remarried – Therefore, in the facts and circumstances of the case and in exercise of powers under Art.142 of the Constitution of India, the decree passed by the Family Court, confirmed by the High Court, dissolving the marriage between the parties is not interfered with on account of irretrievable breakdown of marriage – However, liability and responsibility of the father to maintain the child would continue till the child/son attains the age of majority – The son has a right to be maintained as per the status of his father – It is reported that the mother is not earning anything and is residing at her parental house – Therefore, a reasonable/sufficient amount is required for maintenance of her son including his education etc. which shall have to be paid by respondent-husband – Respondent is directed to pay Rs. 50,000/- per month w.e.f December 2019 towards maintenance of minor son.
Disposing of the appeal, the Court
HELD : 1. There are concurrent findings recorded by the Family Court as well as the High Court on “cruelty” and “desertion” by the appellant-wife, which as such are on appreciation of evidence on record. The appellant-wife made number of complaints against the respondent-husband to his employer-Army Authorities making serious allegations of extramarital affairs. On the basis of the complaints made by the appellant-wife, an enquiry was initiated by the Army Authorities and the Army Authorities exonerated the respondent-husband of the allegation of extra-marital affairs. Considering 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 respondent-husband has already remarried. 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. Therefore, in the facts and circumstances of the case and in exercise of powers under Article 142 of the Constitution of India, the decree passed by the Family Court, confirmed by the High Court, dissolving the marriage between the appellant-wife and the respondent-husband is not required to be interfered with on account of irretrievable breakdown of marriage. [Paras 4, 5][626-F-H; 627-A-C]
2. At the same time, the respondent-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 child/son attains the age of majority. It also cannot be disputed that the son has a right to be maintained as per the status of his father. It is reported that the mother is not earning anything. She is residing at her parental house at Jaipur. Therefore, a reasonable/sufficient amount is required for the maintenance of her son including his education etc. which shall have to be paid by the respondent-husband, irrespective of the decree of dissolution of marriage between the appellant-wife and the respondent-husband. The amount which was being paid pursuant to the order passed by the Army Authorities on 15.11.2012 has also been stopped by the respondent-husband since December, 2019. The decree of divorce/dissolution of the marriage between the appellant-wife and the respondent-husband is confirmed. However, the respondent-husband is directed to pay Rs.50,000/- per month with effect from December, 2019 to the appellant-wife towards the maintenance of son as per the status of the respondent. [Paras 5, 6][627-C-G]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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