The court’s ruling came while dealing with an appeal by an estranged husband assailing a family court’s order asking him to pay maintenance to his wife and son, including a direction to pay Rs 35,000 per month to the son from July 2016 until he attains the age of 26 years or becomes financially independent, whichever is earlier
New Delhi: A child who is pursuing his education would be entitled to maintenance from his father under the Hindu Marriage Act even after he attains the age of majority, until the time he becomes financially independent, the Delhi High Court has said.
The court’s ruling came while dealing with an appeal by an estranged husband assailing a family court’s order asking him to pay maintenance to his wife and son, including a direction to pay Rs 35,000 per month to the son from July 2016 until he attains the age of 26 years or becomes financially independent, whichever is earlier.
The husband argued that only minor children are entitled to interim maintenance under Section 26 of the Hindu Marriage Act (HMA) and the family court could not have allowed maintenance till he attained the age of 26 years.
A bench headed by Justice Rajiv Shakdher stated that the scope of Section 26 of the HMA cannot be restricted only till the time the child attains majority as in today’s competitive world and gainful employment may be feasible only after one has completed college education which goes on even after one turns 18.
“The intent of Section 26 of the HMA is to provide for maintenance, inter alia, for the education of the children. It is a matter of common knowledge that in the normal course, the education of the child does not get over upon the child attaining the age of 18 years,” it said.
The bench said mostly, the child would have cleared his high school (Class 12) at the age of 18 years and would be looking to join a college or university for further studies. It is only after completion of a college or university degree and in some cases, completing a post-graduation or professional degree, would the child be able to secure employment, the bench, also comprising Justice Amit Bansal, said in a recent judgment.
“In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he attains the age of majority, till the time he is pursuing his education and is not financially independent,” the court ruled, as it dismissed the husband’s plea with costs of Rs 1 lakh.
The court stated that in the present case, the son was 17 years old and was studying in class 11 when the family court’s order was passed and he was at present pursuing engineering from a private university here.
Therefore, the Family Court, taking into account the education and other related expenses likely to be incurred by the son, awarded him an amount of Rs 35,000 per month till the time he is 26 years of age or becomes financially independent, whichever is earlier… In view of the discussion above, no interference is called for with the aforesaid directions contained in the impugned judgment,” ruled the court.
The court also held that the family court did not lose the power to issue directions for payment of maintenance after withdrawal of the divorce petition by the husband.
The court observed that the husband had grossly concealed his real income as well as assets in order to avoid paying the rightful amount of maintenance to the wife, and
thus enhanced the interim maintenance to her under Section 24 of the HMA from Rs 1,15,000 to Rs 1,45,000 per month for a certain duration.
The arrears of maintenance to both the wife and the son, along with the interest, shall be paid within a period of eight weeks, the court said.