Daughter expecting father to support her education will also have to play role as a daughter

Daughter expecting father to support her education will also have to play role as a daughter

Ajay Kumar Rathee Vs Seema Rathee

Supreme Court

07/12/2021

Civil Appeal No(s). 5141/2011

About/from the judgment:

While hearing a matrimonial dispute, the Supreme Court observed that a daughter must understand that if she is expecting the father to support her education, she will also have to play a role as a daughter.

A Bench made the observations after it was informed that the daughter has refused to meet the father or speak to him on call.

"The daughter must also appreciate that if she is expecting the father/appellant to support her education, she will also have to play a role as a daughter", the Court observed.

In the present matter, the Bench had earlier referred the parties (the husband and wife) to the Supreme Court Mediation Centre to work out a formal settlement for their divorce

The Bench noted the mediation has not been successful. However, after the counsels appearing for the parties submitted that another effort may be made to mediate with the physical presence of the parties, the Bench directed the matter to be again placed before the Supreme Court mediation Centre.

The Bench was hearing an appeal filed by the husband against Punjab and Haryana High Court's order setting aside the decree passed by the Matrimonial Court allowing a petition filed under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce.

On 27th October the Bench had noted that with the intervention of the counsel for the parties, the parties had agreed to work out a settlement in the present matter, subject to the nitty-gritty being worked out.

The counsel appearing for the wife had informed the court that divorce is agreeable to the wife on certain terms and conditions including maintenance for the wife and looking after the education of the child who has now got admission into a Dental College. The same was acceptable to the husband.

The Bench had referred the parties to the Supreme Court Mediation Centre to work out a formal settlement in these terms and file it before Court, asking the daughter to also join the mediation process.

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