A daughter has an inalienable, legally enforceable and statutory right to protect the expenses of her education from her parents, who can be compelled to provide the necessary funds within their means, the Supreme Court said recently.
The bench comprising Justice Surya Kant and Ujjal Bhuyan spoke in a matrimonial dispute where the daughter of an estranged couple who was studying in Ireland, refused to accept Rs 43 lakh given by her father for her education as part of school. full maintenance is paid to the mother.
“She, being a daughter, has an inalienable, legally enforceable, statutory and legal right to receive educational expenses from her parents. All we see is that the daughter has the basic right to pursue education, the parents can be forced to give her the necessary money according to their financial means,” said the January 2 bench order.
The daughter of these parties, said that in order to preserve her dignity, she refused to keep the money and asked her to return the money, but she refused.
The daughter was legally entitled to this money, the court said.
The father is said to have used this money without any valid reason, which shows that he was financially healthy to provide financial assistance for his studies.
“Defendant number 2 (daughter) has the right to keep that money. Therefore, there is no need for him to return that money to the plaintiff (mother) or defendant number 1 (father), and he may give it accordingly at his discretion,” the court said.
The bench referred to the settlement agreement made by the couple who separated on November 28, 2024 and signed by the daughter.
The court said that the husband agreed to pay a sum of Rs 73 lakh to his estranged wife and daughter, of which Rs 43 lakh was earmarked for his daughter’s education, and the rest for his wife.
It observed that since the wife had received her share of Rs 30 lakh, and the parties had been living separately for the past 26 years, the bench saw no reason not to issue a decree of divorce by mutual consent. “Therefore, we exercise our powers under Article 142 of the Constitution and dissolve the marriage of the parties concerned by granting a decree of divorce by mutual consent,” it continued.
The court also ordered because of the settlement agreement, the parties must not pursue any case in court against each other, and if there is a case pending before any forum, it must be dismissed according to the agreement.
“The parties will have no claim against each other in the future and will abide by the terms and conditions of the settlement agreement, which will be part of this order,” he said.
Discover the Benefits of Our Subscription!
Stay informed with access to award-winning journalism.
Avoid misinformation with reliable, accurate reporting.
Make smart decisions with important details.
Choose your subscription package