NDLI: Neha Tyagi Vs. Lieutenant Colonel Deepak Tyagi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	maintenance divorce Matrimonial disputes
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Matrimonial disputes: Divorce and maintenance – Appellant- wife filed complaints against respondent-husband before his employer Army Authorities including allegations of extra-marital affairs – Respondent was exonerated after enquiry by Army Authorities – Thereafter, he filed divorce petition on the ground of cruelty and desertion by appellant wife – Meanwhile, Army Authorities started deducting 27.5% of the salary per month from the pay and allowances of the respondent in terms of s. 90(1) of the Army Act, 1950 – Family Court passed decree of divorce – High Court confirmed decree of divorce – Hence appeal by wife – Respondent did not appear – Despite the order of status quo, respondent has remarried – Prayer of appellant that the findings against her on ‘cruelty’ may be expunged on account of irretrievable breakdown of marriage since the parties were residing separately since 2011 and respondent-husband has remarried – Appellant further prayed for direction to respondent to pay maintenance to wife and minor son – It was submitted that since December 2019, the appellant-wife and her son were not paid any maintenance which they were receiving from Army Authorities – Held: There were concurrent findings recorded by the Family Court as well as the High Court on “cruelty” and “desertion” by the appellant-wife, which as such were on appreciation of evidence on record – In view of the fact that the couple are not staying together since May, 2011, it can be said to be a case of irretrievable breakdown of marriage between them – Respondent-husband has already re- married – Therefore, in the facts and circumstances of the case and in exercise of powers under Art.142 of the Constitution of India, the decree passed by the Family Court, confirmed by the High Court, dissolving the marriage between the parties is not interfered with on account of irretrievable breakdown of marriage – However,liability and responsibility of the father to maintain the child would continue till the child/son attains the age of majority – The son has a right to be maintained as per the status of his father – It is reported that the mother is not earning anything and is residing at her parental house – Therefore, a reasonable/sufficient amount is required for maintenance of her son including his education etc. which shall have to be paid by respondent-husband – Respondent is directed to pay Rs. 50,000/- per month w.e.f December 2019 towards maintenance of minor son.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2021 INSC 811
Petitioner	Neha Tyagi
Respondent	Lieutenant Colonel Deepak Tyagi
SCR	[2021] 9 S.C.R. 622
Judgement Date	2021-12-01
Case Number	6374

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Neha Tyagi Vs. Lieutenant Colonel Deepak Tyagi

Please Log-in to view this content

Samarghosh Vs. Jaya Ghosh

Mrs Ritika Sharan Vs. Mr Sujoy Ghosh

Smt. Rachna Vs. Jayesh

Meena Chaudhary Vs. Commissioner of Delhi Police and Ors.

B.s.n.l. Vs. Bhurumal

Rajesh Vs. State of Rajasthan and Anr.

Manisha Tyagi Vs. Deepak Kumar

Deepak Rai Vs. State of Bihar

Usha Uday Khiwansara Vs. Uday Kumar Jethamal Khiwansara

Neha Tyagi Vs. Lieutenant Colonel Deepak Tyagi

Neha Tyagi Vs. Lieutenant Colonel Deepak Tyagi

Please Log-in to view this content

Similar Documents

Samarghosh Vs. Jaya Ghosh

Mrs Ritika Sharan Vs. Mr Sujoy Ghosh

Smt. Rachna Vs. Jayesh

Meena Chaudhary Vs. Commissioner of Delhi Police and Ors.

B.s.n.l. Vs. Bhurumal

Rajesh Vs. State of Rajasthan and Anr.

Manisha Tyagi Vs. Deepak Kumar

Deepak Rai Vs. State of Bihar

Usha Uday Khiwansara Vs. Uday Kumar Jethamal Khiwansara

Neha Tyagi Vs. Lieutenant Colonel Deepak Tyagi