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2021 Supreme(SC) 761

M.R.SHAH, A.S.BOPANNA
Neha Tyagi – Appellant
Versus
Lieutenant Colonel Deepak Tyagi – Respondent


Advocates appeared:
For the Appellant(s) :Neela Gokhale, Ilam Paridi, Kushal Chaudhary, Anannya Ghosh, Advocates

Judgement Key Points

What is the court's stance on irretrievable breakdown of marriage in dissolution where cruelty/desertion findings exist but marriage is dissolved? What is the father's maintenance obligation for a minor child after divorce, and how is it to be enforced when the husband remarries and salary is involved? What are the directions regarding payment of arrears and ongoing maintenance for the child Pranav, including method of payment and enforcement?

What is the court's stance on irretrievable breakdown of marriage in dissolution where cruelty/desertion findings exist but marriage is dissolved?

What is the father's maintenance obligation for a minor child after divorce, and how is it to be enforced when the husband remarries and salary is involved?

What are the directions regarding payment of arrears and ongoing maintenance for the child Pranav, including method of payment and enforcement?


JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur passed in D.B. Civil Miscellaneous Appeal No. 2845 of 2018, by which the Division Bench of the High Court has dismissed the said appeal preferred by the appellant herein and has confirmed the judgment and decree passed by the learned Family Court dissolving the marriage between the appellant and the respondent on the ground of cruelty and desertion by the appellant herein, the original appellant-wife has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

    That the marriage between the appellant and the respondent was solemnised on 16.11.2005. That the respondent herein was serving as an Army Officer as Major. That out of the said wedlock, the appellant and the respondent had one son Pranav Tyagi who is aged 13 years presently being born on 23.2.2008. That the dispute arose between the husband and the wife. That the appellant-wife filed number of complaints against the respondent-husband before his employer-Army Authorities including the extra-marital affairs of the respondent-hus

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