- In the case of Ajay Kumar Rathee vs. Seema Rathee the Hon’ble Apex Court has held that a daughter who is unwilling to maintain any relationship with her father is not entitled to obtain expenses for her marriage or education from him.
- In the instant case, the husband had initially filed a petition for the restitution of conjugal rights which was rejected by the trial Court. He then subsequently filed a petition seeking dissolution of marriage by way of divorce, which was granted by the District Judge. The wife went in appeal against this decision before the Punjab and Haryana HC.
- The HC set aside the order of the lower Court, and the husband went on appeal before the SC. During the pendency of the proceedings, several attempts at reconciliation were made before the Supreme Court Mediation Centre. But the mediation report was one of failure and the parties were not even capable of sitting across a table and talking, let alone continuing the marriage. It was argued by the Counsel for the appellant that the relationship had become extremely unpleasant.
- The Hon’ble Apex Court, exercising its powers under Article 142 of the Constitution, for the purpose of doing complete justice in the case, declared the marriage between the appellant and the respondent as dissolved on the grounds of irretrievable breakdown of marriage.
- As regards the daughter’s expenses, the Court held that she will not be entitled to any amount for her marriage and education expenses from a father with whom she does not want to maintain any ties. The Court observed that the daughter was about 20 years old and was free to choose her own path, but then cannot demand the amount towards her education and marriage form the appellant.
- But the Court also observed that while awarding permanent alimony to the wife, it would keep in mind that if the mother chooses to pay for her daughter’s expenses, the funds were available to her.
- Thus, the Court awarded Rs.8000 to the mother as monthly maintenance and Rs. 10 lakh as full and final satisfaction of her claim.
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