Neha Tyagi v. Lieutenant Colonel Deepak

Tyagi (2021)

A father’s duty and responsibility to keep his child until they reach the age of majority cannot be excused. It is also undeniable that the child has a right to be cared for in accordance with his father’s position. This was observed by division bench judges comprising of Hon’ble Justices Mukeshkumar Rasikbhai Shah and A.S. Bopanna of the Supreme Court of India.

Facts of the case.

The facts of the case are that the appellant and respondent were married and had a son out of wedlock. A disagreement erupted between the husband and wife, and the appellant-wife filed a number of complaints against the respondent- husband along with his employer, the Army Authorities. The complaints included the respondent’s extramarital affairs as well. The respondent-husband filed a divorce petition against the appellant-wife in the learned Family Court of Jaipur, alleging cruelty and desertion by the appellant. On May 19, 2008, the learned Family Court issued a decision dissolving the marriage between the appellant and the respondent based on cruelty and desertion by the appellant-wife. The appellant, in this case, filed an appeal with the High Court, feeling offended and unhappy with the ruling. The High Court dismissed the said appeal and upheld the decision and decree of the learned Family Court in the contested judgement and order. As a result, at the request of the appellant-wife, the present appeal was filed in the SC.