NEHA TYAGI versus LIEUTENANT COLONEL DEEPAK TYAGI

Citation: [2021] 9 S.C.R. 622 · Decided: 01-12-2021 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off

Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 9 S.C.R.
   [2021] 9 S.C.R. 622
622
NEHA TYAGI
v.
LIEUTENANT COLONEL DEEPAK TYAGI
(Civil Appeal No. 6374 of 2021)
DECEMBER 01, 2021
[M. R. SHAH AND A. S. BOPANNA, JJ.]
Matrimonial disputes: Divorce and maintenance – Appellant-
wife filed complaints against respondent-husband before his
employer Army Authorities including allegations of extra-marital
affairs – Respondent was exonerated after enquiry by Army
Authorities – Thereafter, he filed divorce petition on the ground of
cruelty and desertion by appellant wife – Meanwhile, Army
Authorities started deducting 27.5% of the salary per month from
the pay and allowances of the respondent in terms of s. 90(1) of the
Army Act, 1950 – Family Court passed decree of divorce – High
Court confirmed decree of divorce – Hence appeal by wife –
Respondent did not appear – Despite the order of status quo,
respondent has remarried – Prayer of appellant that the findings
against her on ‘cruelty’ may be expunged on account of irretrievable
breakdown of marriage since the parties were residing separately
since 2011 and respondent-husband has remarried – Appellant
further prayed for direction to respondent to pay maintenance to
wife and minor son – It was submitted that since December 2019,
the appellant-wife and her son were not paid any maintenance which
they were receiving from Army Authorities – Held: There were
concurrent findings recorded by the Family Court as well as the
High Court on “cruelty” and “desertion” by the appellant-wife,
which as such were on appreciation of evidence on record – In
view of the fact that the couple are not staying together since May,
2011, it can be said to be a case of irretrievable breakdown of
marriage between them – Respondent-husband has already re-
married – Therefore, in the facts and circumstances of the case and
in exercise of powers under Art.142 of the Constitution of India,
the decree passed by the Family Court, confirmed by the High Court,
dissolving the marriage between the parties is not interfered with
on account of irretrievable breakdown of marriage – However,
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623
liability and responsibility of the father to maintain the child would
continue till the child/son attains the age of majority – The son has
a right to be maintained as per the status of his father – It is reported
that the mother is not earning anything and is residing at her parental
house – Therefore, a reasonable/sufficient amount is required for
maintenance of her son including his education etc. which shall
have to be paid by respondent-husband – Respondent is directed to
pay Rs. 50,000/- per month w.e.f December 2019 towards
maintenance of minor son.
Disposing of the appeal, the Court
HELD : 1. There are concurrent findings recorded by the
Family Court as well as the High Court on “cruelty” and
“desertion” by the appellant-wife, which as such are on
appreciation of evidence on record. The appellant-wife made
number of complaints against the respondent-husband to his
employer-Army Authorities making serious allegations of extra-
marital affairs. On the basis of the complaints made by the
appellant-wife, an enquiry was initiated by the Army Authorities
and the Army Authorities exonerated the respondent-husband
of the allegation of extra-marital affairs. Considering the fact that
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.
It is also reported that the respondent-husband has already re-
married. Therefore, no useful purpose shall be served to further
enter into the merits of the findings recorded by the courts below
on “cruelty” and “desertion” by the appellant-wife. Therefore,
in the facts and circumstances of the case and in exercise of
powers under Article 142 of the Constitution of India, the decree
passed by the Family Court, confirmed by the High Court,
dissolving the marriage between the appellant-wife and
the respondent-husband is not required to be interfered
with on account of irretrievable breakdown of marriage.
[Paras 4, 5][626-F-H; 627-A-C]
2. At the same time, the respondent-husband cannot be
absolved from his liability and responsibility to maintain his son
till he attains the age of majority. Whatever be the dispute between
the husband and the wife, a child should not be made to suffer.
NEHA TYAGI v. LIEUTENANT COLONEL DEEPAK TYAGI
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