Divorce and Maintenance: Supreme Court Orders Rs. 50,000 Monthly Support for Child

The Supreme Court of India recently ruled in a high-profile divorce case involving allegations of cruelty, desertion, and financial support for a minor child. The case, Neha Tyagi vs. Lieutenant Colonel Deepak Tyagi, addressed key issues related to marital discord, maintenance, and the legal responsibilities of a father towards his child.

Background of the Case

The appellant, Neha Tyagi, and the respondent, Lieutenant Colonel Deepak Tyagi, were married on 16.11.2005. The couple had a son, Pranav Tyagi, born on 23.02.2008. However, their marital relationship deteriorated, leading to multiple complaints and allegations.

The respondent, an army officer, filed for divorce on 25.11.2014, citing cruelty and desertion by the appellant. The Family Court granted a decree of divorce on 19.05.2018, which was upheld by the Rajasthan High Court in D.B. Civil Miscellaneous Appeal No. 2845/2018. The appellant-wife, feeling aggrieved, approached the Supreme Court.

Key Allegations and Findings

The case involved serious allegations, particularly against the appellant-wife:

The appellant filed multiple complaints against her husband, alleging extra-marital affairs.
Based on these complaints, the Army Authorities initiated an inquiry, but the respondent-husband was exonerated.
The appellant-wife was accused of causing mental distress and defamation through repeated complaints.
Since May 2011, the couple had been living separately, indicating a complete breakdown of the marriage.

Considering these factors, the Family Court ruled in favor of divorce, a decision upheld by the Rajasthan High Court.

Supreme Court’s Observations

The Supreme Court took note of several crucial aspects while reviewing the case:

1. Irretrievable Breakdown of Marriage

The Court emphasized that both parties had been living separately since 2011, and there was no possibility of reconciliation. It noted:

“Both, the appellant-wife and the respondent-husband are not staying together since May, 2011 and therefore it can be said that there is irretrievable breakdown of marriage between them.”

Since the respondent-husband had already remarried, the Court held that dissolving the marriage was justified.

2. Financial Responsibility Towards the Child

The Court strongly reaffirmed the father’s duty to provide for his minor child, stating:

“Whatever be the dispute between the husband and the wife, a child should not be made to suffer. The liability and responsibility of the father to maintain the child continues till the child attains the age of majority.”

The appellant-wife had no independent source of income, and the son was dependent on her. Therefore, financial support was necessary.

3. Army Salary Deductions for Maintenance

The Court noted that, as per the Army Authorities’ order on 15.11.2012, 27.5% of the respondent’s salary was deducted for the maintenance of the appellant and their son. However, this deduction had stopped in December 2019, leaving the appellant and her son without financial support.

Supreme Court’s Verdict

After considering all aspects, the Supreme Court ruled:

The decree of divorce was upheld.
The respondent-husband was ordered to pay Rs. 50,000 per month from December 2019 onwards for the maintenance of the minor child.
Arrears of Rs. 50,000 per month from December 2019 to November 2021 were to be cleared within eight weeks.
Future payments were to be deducted from the respondent’s Army salary and deposited directly into the appellant’s bank account.
If the respondent failed to clear arrears, the Army Authorities were instructed to deduct the outstanding amount in equal monthly installments, not exceeding 50% of his total salary.

Implications of the Judgment

This ruling has significant implications for divorce and maintenance cases:

Protection of Child’s Rights: The judgment ensures that a child’s financial well-being is not compromised due to parental disputes.
Strict Enforcement of Maintenance: The Supreme Court’s order directs automatic salary deductions to ensure compliance.
Irretrievable Breakdown as a Divorce Ground: Though not explicitly in the law, the ruling strengthens the argument for considering it a valid divorce ground.
Accountability of Government Employees: The judgment reinforces that government officials, including Army officers, must fulfill maintenance obligations.

The ruling is a landmark decision in ensuring financial security for children in divorce cases while reinforcing legal obligations of both parents.

Petitioner Name: Neha Tyagi.
Respondent Name: Lieutenant Colonel Deepak Tyagi.
Judgment By: Justice M.R. Shah, Justice A.S. Bopanna.
Place Of Incident: Jaipur, Rajasthan.
Judgment Date: 01-12-2021.

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