NEW DELHI: The Supreme Court has said daughter has an indefeasible, legally enforceable and legitimate right to secure educational expenses from her parents, who can be compelled to provide necessary funds within their means.
The remarks of a bench comprising Justices Surya Kant and Ujjal Bhuyan came in a matrimonial dispute in which the daughter of the estranged couple, who was studying in Ireland, refused to accept Rs 43 lakh given by her father towards her studies as a part of the total alimony being paid to her mother.
“She, being the daughter, has an indefeasible, legally enforceable, lawful, and legitimate right to secure educational expenses from her parents. All that we observe is that the daughter has a fundamental right to pursue her education, for which the parents could be compelled to provide necessary funds within the limit of their financial resources,” said the January 2 order.
The daughter of the parties, it said, to maintain her own dignity, had declined to retain the amount and asked him to take the money back but he refused. The daughter was legally entitled to the amount, the court said.
The father was said to have spent the money without any compelling reasons, indicating he was financially sound to provide her with the financial assistance towards her academic pursuits. “Respondent 2 (daughter) has, thus, got a right to retain that amount. She need not return the amount to either appellant,” the court said.