The end of a marriage does not end a parents responsibility towards their children, the Karnataka High Court observed while granting divorce to a couple from Mangaluru. Along with settling the financial terms between the spouses, the court gave detailed directions aimed at protecting the relationship between the parents and their two daughters.
The division bench comprising Justice D K Singh and Justice H Shanti Bhushan was hearing an appeal filed by a 40 year old man from Mangaluru. He had challenged a family court order that directed him to pay Rs 2 crore as permanent alimony to his wife.
The couple had known each other since their college days and married in Mangaluru in 2011. They later moved to the United Kingdom and have two daughters. Differences developed in their married life, following which the wife began living separately from her husband in 2021. Divorce proceedings were subsequently initiated in India.
While considering the appeal, the High Court reviewed the financial circumstances of both spouses. The court noted that the wife is a doctor and subsequently reduced the permanent alimony awarded by the family court from Rs 2 crore to Rs 50 lakh.
The financial order, however, also included separate responsibility for the childrens expenses. The husband was directed to pay Rs 25,000 every month for each daughter towards their maintenance, education, medical requirements and other necessary expenses.
The monthly amount has to be paid by the 10th of every month. The court further directed that the amount for each child should increase by Rs 5,000 after every completed year. The annual increase will continue until the daughters reach adulthood.
The court made it clear that the divorce does not remove the fathers responsibilities towards his children. The husband was also told to contribute towards the daughters marriage expenses in the future according to his financial capacity and with affection and responsibility.
The judges also placed importance on ensuring that the children are not caught between their parents differences. Both parents were directed to continue acting as responsible parents and make efforts to maintain a healthy and loving relationship between the daughters and both sides of the family.
The court specifically directed the parents not to make insulting or derogatory remarks about each other in front of the children or in circumstances where the children could hear such comments.
The judgment also addressed the fathers access to his daughters. He has been permitted to meet them for three hours on both Saturday and Sunday, with the meetings taking place in the presence of their mother.
Apart from physical meetings, the father has also been allowed to remain in contact with the children through audio and video calls. The directions are intended to ensure that the daughters continue to have an uninterrupted relationship with both parents despite the breakdown of their marriage.
The High Court also imposed a restriction concerning the childrens movement outside India. The mother has been directed not to temporarily or permanently relocate the daughters outside India without giving prior information to the father and obtaining appropriate permission from the court.
The directions underline that financial arrangements following divorce are only one part of the dispute when minor children are involved. The court has placed considerable emphasis on ensuring that children continue to receive care and support from both parents without being drawn into their personal disagreements.
With the revised alimony and detailed parenting directions, the High Court has brought several aspects of the family dispute under a clear legal framework. The order also places continuing financial and parental obligations on the father even after the marital relationship has formally ended.
