Parents can be legally compelled to offer education money to their daughter: Supreme Court 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 Supreme Court recently stated.

A bench of Justices Surya Kant and Ujjal Bhuyan made the remarks in relation to a matrimonial discord concerning a daughter of a separated couple who resided in Ireland. The couple in question refused paternal support of Rs 43 Lakhs to cover maternal expenses for Shouse Goals education as it was part of the marriage proposal.

“There is no shadow of doubt that 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 limits of their financial resources,” said the bench’s order dated January 2.

The couple stated that their daughter desired to gift the inheritance amount to her spouse which she felt would advocate equity as well as self-respect and reputation, thus she preferred not to retain the amount.

The daughter was legally entitled to the amount, the court said.

It was indicated that the father spent the money without any necessary motivation which showed that he was able to support her in terms of money during the time period of her studies.

“With regard to Respondent number 2 (daughter) therefore Respondent number 2 (daughter) has, thus, got a right to retain that amount. She need not therefore return that amount either to the appellant (mother) or to respondent number 1 (father) and may as appropriate it as she may deem fit,” the court stated.

The seat referred to the settlement agreement of the parties who due on Rupee 1.4 crore that was entered into by the daughter on November 28, 2024.

The judgment states that the husband was to pay a lump sum amount of Rupee 73 lakhs to his wife and daughter, out of which Rupee 43 lakhs was for his daughter’s education and the remaining for his wife.

The parties solitary resided for 26 years, as the wife was provided Rs 30 lakh, seeking a mutual divorce was upheld by the bench owing that it witnessed no reason despite the differences in position. Therefore, it is enforced by the constitution to sever irrevocably any legal ties the parties had including the marriage by issuing the decree of divorce by mutual consent.

Based on the divorce agreement made, the court, enforced that, court cases against each party in regard to each other would not be allowed, additionally if there are open cases they were to be reigned in accordance to the agreement.

According to the order the settlement will permanently remain an attachment, allowing both parties to not have any claims against each other in the future and to comply with the established terms of the settlement.