The Delhi High Court ruled that under the Hindu Marriage Act, a father’s obligation to maintain his child continues beyond age 18 until the child becomes financially independent. This ensures support for ongoing education.
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NEW DELHI: The Delhi High Court recently ruled that children pursuing education are entitled to maintenance under the Hindu Marriage Act until they achieve financial independence. Justices Rajiv Shakdher and Amit Bansal determined that Section 26 of the Act aims to support children’s education, which continues beyond the age of 18.
Case Background
The case centered on a matrimonial dispute between a couple who married in 1998 and separated in 2004. Their son, born in 2001, has resided with his mother since the separation. The father initially sought a divorce in 2004 but withdrew the petition in 2016. In 2009, the mother sought an enhancement of interim maintenance under Sections 24 and 26 of the Hindu Marriage Act (HMA).
Key Legal Issues and Court’s Decisions
Maintenance for Adult Child
The court emphasized that maintenance under Section 26 of the HMA can be granted to a child even after they reach adulthood if they are still pursuing education and are not financially independent.
The court highlighted-
“A child continuing their education is entitled to maintenance under Section 26 of the HMA even after reaching adulthood, as long as they are still studying and not financially independent.”
Family Court’s Jurisdiction After Withdrawal of Divorce Petition
The court clarified that the Family Court retains its authority after the withdrawal of the divorce petition and can decide on applications under Sections 24 and 26 of HMA.
The judgment noted-
“If the husband’s argument is accepted, he could avoid paying interim maintenance under Section 24 of the HMA by unilaterally withdrawing the divorce petition, leaving the wife and any dependents without financial support.”
Concealment of Income and Assets
The court found that the father had significantly concealed his actual income and assets to avoid paying the rightful amount of maintenance.
The judgment stated-
“The husband has significantly concealed his actual income and assets, both movable and immovable, to evade paying the appropriate maintenance amount to his wife.”
Enhancement of Maintenance and Interest on Arrears
The court ordered the father to pay interest at 12% per annum on the shortfall in the maintenance amount, citing the delay caused by his dilatory tactics.
Observations and Rulings
The court dismissed the father’s appeal with costs of Rs. 1,00,000 and partially allowed the mother’s appea for enhancement of maintenance. The court underscored the importance of providing adequate maintenance commensurate with the financial capacity of the paying spouse and ensuring the welfare of children in matrimonial disputes.
The Delhi High Court recently held that children pursuing education are entitled to maintenance under the Hindu Marriage Act until they become financially independent. A Division Bench of Justices Rajiv Shakdher and Amit Bansal ruled that the intent of Section 26 of the Hindu Marriage Act is to provide maintenance for the education of children and the education of a child does not conclude upon the child reaching the age of 18 years.
“We believe that a child continuing their education is entitled to maintenance under Section 26 of the HMA even after reaching adulthood, as long as they are still studying and not financially independent.”
-the Court held.
The Bench noted that typically, the child would have just completed high school (Class 12) at the age of 18 and would be looking to join a college or university for further studies.
“Only after completing a college or university degree, and sometimes further postgraduate or professional education, can a child secure employment. Given today’s competitive job market, gainful employment is often feasible only after education beyond 18 years. Thus, Section 26 of the HMA, which allows the court to issue orders concerning the education of minor children according to their wishes, should not be limited to the period before a child turns 18.”
-the Court said.
Detailed Judgement on Family Court’s Jurisdiction
In a detailed judgement, the Court also held that the family court does not become functus officio after the withdrawal of the divorce petition and can decide applications filed under Sections 24 and 26 of the Hindu Marriage Act even after the withdrawal.
The Court rendered the decision while dealing with cross-appeals filed by the husband and wife challenging the family court order for providing maintenance of Rs.1.15 lakh per month to the wife and son and Rs.35,000 per month to the son till he attains the age of 26 years or becomes financially independent, whichever is earlier. The family court further mandated that the Rs.35,000 to be paid to the son will be subject to a 10% increase every two years.
After hearing the case, the High Court granted the following reliefs:
- The wife’s plea was allowed to the extent that the interim maintenance granted to her under Section 24 of the HMA was enhanced from Rs.1,15,000 to Rs.1,45,000 per month from the date of filing of the enhancement application, i.e., February 28, 2009, until the date of withdrawal of the divorce petition by the Husband, i.e., July 14, 2016.
- The Husband was ordered to pay interest at the rate of 12% per annum towards the shortfall in the maintenance amount for the concerned period. The interest is to be calculated on the amount of deficit from the time it became due in a particular month until the time it is paid.
- The arrears of maintenance to both the wife and the son, along with the interest, must be paid within eight weeks.
Senior Advocate YP Narula and advocate Ujas Kumar represented the husband, while advocate Anu Narula represented the wife.
