Whether husband is bound to pay maintenance to minor child even though wife is earning?

S. 25 - Maintenance - Minor son's education and comfort - Social status and strata of parties and concept of availing
effective education, to be considered - Even if High Court failed to address this aspect, while granting divorce decree
sought by husband, Supreme Court while affirming the decree, has duty to see that the son (aged 16 yrs) born in the
wedlock gets acceptable comfort and financial support for proper modern education - Fact that wife (appellant) is earning
would not absolve husband (respondent) from his bounden duty to provide maintenance and education for his minor son -
Having regard to totality of circumstances, status and strata of parties, husband directed to pay Rs 25 lakhs for this
purpose,

Malathi Ravi v. B.V. Ravi, (2014) 7 SCC 640


S. 13(1)(i-b) - Desertion - Essential elements - Inference of desertion, how can be drawn, 
S. 13(1)(i-b) - Desertion for continuous period of 2 yrs - Husband admitted to have once stayed with wife at wife's place
for 2 days within period of 2 yrs immediately preceding presentation of divorce petition by him - Held, desertion not
established, 

S. 13(1)(i-a) - Mental cruelty - Events subsequent to one spouse leaving marital home and/or subsequent to filing of
divorce petition, if can be basis for - Such subsequent events established on undisputed material brought on record, can
be considered - Mental cruelty and its effect varies according to individual differences, differences in social status,
differences between societies, etc. - Inference can be drawn from attending circumstances - Considering material on
record from social perspective, subsequent events and kind of attitude and treatment of wife towards husband, held on
facts, husband (respondent) entitled to decree of divorce against wife on ground of mental cruelty,
S. 13(1)(i-a) - Mental cruelty - False and vexatious criminal proceedings under Ss. 498-A/506/34 IPC against husband
and his family, by wife after filing of divorce petition, held, can be considered, 
S. 13(1)(i-a) - Mental cruelty as a ground for divorce - Relief clause - Appeal before Supreme Court - Ground of mental
cruelty not taken in relief clause but discernible from undisputed material brought on record - Supreme Court, held, would
consider the ground in exercise of its power under Art. 142 of the Constitution to do complete justice, instead of requiring
party concerned to amend petition and sending matter back to Family Court, 
Constitution of India
Arts. 136 and 142 - Relief - Appeal - Minor technical fetters can be ignored to do complete justice in exercise of power
under Art. 142 - Relief, not expressly prayed for in relief clause but perceptible from material on record and also
statutorily permissible - Held, Supreme Court has power and duty under Art. 142 to consider question of grant of such
relief on basis of undisputed material on record, 
S. 13(1) - Divorce - Ground of marriage being irretrievably broken down - Invoked by Supreme Court in certain cases,
but in present case, since ground of mental cruelty was fully made out, not necessary to invoke the same, (2014) 7 SCC

Constitution of India
Art. 136 - Grounds stated in memorandum of appeal - If not established by evidence, cannot be considered, 
S. 25 - Maintenance - Minor son's education and comfort - Social status and strata of parties and concept of availing
effective education, to be considered - Even if High Court failed to address this aspect, while granting divorce decree
sought by husband, Supreme Court while affirming the decree, has duty to see that the son (aged 16 yrs) born in the
wedlock gets acceptable comfort and financial support for proper modern education - Fact that wife (appellant) is earning
would not absolve husband (respondent) from his bounden duty to provide maintenance and education for his minor son -
Having regard to totality of circumstances, status and strata of parties, husband directed to pay Rs 25 lakhs for this
purpose,

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