The Madhya Pradesh High Court held that a father’s obligation toward his daughters includes funding higher education and not merely providing basic maintenance. Stressing that women empowerment must be implemented in practice, the Court directed payment of Rs 46.26 lakh towards the daughters’ medical and engineering education expenses.
The Madhya Pradesh High Court ruled that a father’s responsibility toward his daughters goes beyond mere basic maintenance. It includes bearing the cost of their higher education, emphasizing that “women empowerment” must move from mere rhetoric to real-world implementation. In a criminal revision petition filed by the mother and her two daughters, Justice Gajendra Singh directed the father to pay Rs 46.26 lakh to cover the educational expenses the daughters incurred for medical and engineering studies.
Background of the Case
The matter originated from an order of the Principal Judge, Family Court, Mandsaur, which granted maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The wife was awarded Rs 6,000 per month, and each of the two daughters was awarded Rs 3,000 per month, calculated from the date of the maintenance application.
However, the Family Court limited the daughters’ entitlement to maintenance only until they attained majority. Dissatisfied with the quantum and the period granted, the wife and daughters approached the High Court. They contended that the Family Court failed to properly evaluate the husband’s financial capacity and ignored the substantial sums spent on the daughters’ higher education. They highlighted that one daughter pursued a medical course abroad, while the other studied engineering, both requiring significant financial support.
Submissions by the Parties
On behalf of the petitioners, Advocate Vishal Sharma argued that the Family Court overlooked documentary evidence concerning the girls’ educational expenses and awarded an unduly low amount despite the father’s ability to pay.
Advocate Padmnabh Saxena, appearing for the respondent/father, opposed the revision and supported the Family Court’s order.
Court’s Findings
After examining the record, Justice Singh noted that the respondent was the Chairman of Shree Jee Graphics Computer Society Samiti and also associated with the operation of a nursing institute. The Court observed that income tax returns do not always reflect actual earnings, and income may be estimated from surrounding circumstances and available evidence.
The Court also relied on admissions made by the respondent during cross-examination, including:
- his income for a particular year shown as over Rs 17 lakh,
- his ownership of a car and motorcycles, and
- his maintenance of multiple bank accounts.
Based on these factors, the High Court concluded that the respondent had a sound financial standing.
The Court then assessed the daughters’ educational expenditures:
- The younger daughter secured admission to Kyrgyz State Medical Academy for a five-year medical programme. The total expenditure for the course was shown to be Rs 26.69 lakh.
- The elder daughter enrolled in B.Tech (Computer Science Engineering) at Manipal University, Jaipur. The Court noted expenses of approximately Rs 19.56 lakh toward tuition, hostel, and mess charges.
Justice Singh observed that the Family Court did not properly consider these costs.
Finding that the father’s responsibilities included supporting his daughters’ education, the High Court made the following observation:
“Father is obliged to provide the education to daughter also. Woman empowerment does not remain on paper it requires implementation and the father is having sufficient income and cannot deprive the girl children from providing the educational expenses.”
While the Court declined to enhance the wife’s maintenance (noting she had a Bachelor of Education degree), it held that the daughters were entitled to educational expense support based on the father’s capacity and the actual expenses incurred.
Final Order
Accordingly, the High Court partly allowed the revision petition and directed the respondent to pay a total of Rs 46,26,200 toward the educational expenses of the two daughters. The payment was to be made within four months.
The Court further ordered that if payment was not made within the stipulated period, it would carry interest at 6% per annum. Any amount already paid would be adjusted, and the petitioners were permitted to initiate execution proceedings in accordance with law.
Case Title: Smt. Savita and Others v. Deepak
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