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Daughter not entitled to any amount if she chooses no relationship with father: SC

New Delhi, Mar 18: The Supreme Court has held that a daughter was not entitled to any amount as she chose not to maintain any relationship with the father. The ruling was made while granting a decree of divorce to a Haryana couple on the ground of irretrievable breakdown of marriage.

Daughter not entitled to any amount if she chooses no relationship with father: SC

A Bench comprising Justices Sanjay Kishan Kaul and M M Sundresh while directing the man to pay Rs 10 lakh said, "we are faced with the scenario of failed marriage at least since 2004, 18 years have passed and thus, the chances of any reconciliation are impossible."

The court directed the man to pay the amount after computing his salary and properties. The Bench with regard to the daughter however added, " it appears from her approach that she does not want to maintain any relationship with the man and is about 20 years of age. She is entitled to choose her own path but then cannot demand from the appellant the amount towards the education."

"Nothing really subsists in this marriage except mutual acrimony. It is not even possible for the parties to sit across the table or to even talk over telephone to come to a reasonable understanding. There remains no doubt about irretrievable breakdown of marriage in the facts of the present case," the Bench added.

"The legal position emanating from various judgements does say that the Supreme Court can in special circumstances pass appropriate orders to do justice to the parties in a given factual scenario by invoking the powers under Article 142 of the Constitution and this was to the extent of granting a decree of divorce by mutual consent," the Supreme Court also said.

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