New Delhi (TIP)- Maintaining that a daughter has an indefeasible, legally enforceable and legitimate right to secure educational expenses from her parents, the Supreme has said her father or mother can be compelled to provide necessary funds to her within their means. The court was dealing with a matrimonial dispute in which the daughter (of an estranged couple) studying in Ireland had refused to accept Rs 43 lakh given by her father towards her studies as a part of the total alimony paid to her mother.
“She, being the daughter, has an indefeasible, legally enforceable, lawful, and legitimate right to secure educational expenses from her parents. All that we observe is that the daughter has a fundamental right to pursue her education, for which the parents could be compelled to provide necessary funds within the limit of their financial resources,” a Bench of Justice Surya Kant and Justice Ujjal Bhuyan said. The daughter had refused to retain the amount to maintain her own dignity and asked him to take the money back but he refused, it said, adding, the daughter was legally entitled to the amount.
The father had spent the money without any compelling reasons, indicating he was financially sound to provide her with the financial assistance towards her academic pursuits. “Respondent number 2 (daughter) has, thus, got a right to retain that amount. She need not, therefore, return that amount either to the appellant (mother) or to respondent number 1 (father), and may suitably appropriate it as she may deem fit,” said the court.
The Bench referred to the settlement agreement entered into by the estranged couple on November 28, 2024 which was also signed by the daughter.
The court said the husband had agreed to pay a total sum of Rs 73 lakh to his estranged wife and daughter, of which Rs 43 lakh was meant for his daughter’s academic goals, and the rest for his wife.
It observed that since the wife had received her Rs 30 lakh share, and the parties were admittedly living separately for the last 26 years, the court dissolved the marriage and granted a decree of divorce by mutual consent, by invoking its powers under Article 142 of the Constitution and asked them to end all litigation.