Daughter Has Toplay The Role Of Daughter To Get Maintainance

KEY TAKEAWAYS

• In a matrimonial dispute if the child is expecting maintenance, they have to play the role of the child also
• Bench – Justice Sanjay Kishan Kaul
• Justice M. M. Sundresh
• Further discussion on the topic shall be undertaken in February 2022.

ISSUE

• In a matrimonial dispute, petitioner filed an appeal in the Supreme Court challenging the decision of the Punjab & Haryana High Court.
• The High Court set aside the judgement given by the Matrimonial Court allowing for divorce under Section 13 of the Hindu Marriage Act.
• The appellant has been told to pay the education expenses for the education of his 20 yr. old daughter.
• Counsel from the husband side argued that the daughter of the appellant had even refused to make a video call with her father.

COURT’S ORDER

• The Court suggested that the parties meet physically to mediate once more before the Supreme Court Mediation Centre.
• The Apex Court also remarked that the daughter also has to appreciate her father’s efforts and it cannot be a one-way street. “A daughter will also have to play her role as a daughter if she is expecting the father to support her education.”
• An exclusive interaction between the father and the daughter has to be arranged too.

QUESTIONS

• What are your views on the judgement?
• What does Section 13 of the Hindu Marriage Act lay down?

Share your views in the comments section below.