The Supreme Court has affirmed that a daughter has a legally enforceable right to demand educational expenses from her parents, who can be compelled to provide the necessary funds within their means. This ruling came in the context of a matrimonial dispute, where the daughter, studying in Ireland, refused to accept Rs 43 lakh from her father, which was part of the alimony being paid to her mother.
A bench of Justices Surya Kant and Ujjal Bhuyan stated in its January 2 order: “She has an indefeasible, legally enforceable, and legitimate right to secure educational expenses from her parents. The parents may be compelled to provide the necessary funds within their financial capacity.”
The daughter had declined to keep the Rs 43 lakh, asking her father to take it back, but he refused. The court ruled that she was legally entitled to the amount.
It was noted that the father, who had spent the money without compelling reasons, appeared financially capable of supporting his daughter’s education. The court further clarified that the daughter was under no obligation to return the funds to either parent and could use the amount as she saw fit.
The ruling followed a settlement agreement signed by the estranged couple on November 28, 2024, which was also signed by the daughter. The husband had agreed to pay a total of Rs 73 lakh, with Rs 43 lakh designated for his daughter’s educational needs and the remainder for his wife. The wife had already received her share of Rs 30 lakh.
With the parties having lived separately for 26 years, the court granted a decree of divorce by mutual consent. Additionally, the court directed that no further legal actions could be pursued by the parties against each other, and any pending cases should be resolved according to the settlement agreement.
The terms of the settlement will form part of the court’s order.
Source: PTI
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Posted in National, News
