Delhi High Court Rules in Favor of Extended Maintenance for Children Pursuing Education
The Delhi High Court ruled that under the Hindu Marriage Act, a child pursuing education is entitled to maintenance from the father even after reaching adulthood until becoming financially independent. The court upheld a family court's direction for a father to pay Rs 35,000 monthly maintenance to his son until he turns 26 or becomes financially self-reliant.
- Country:
- India
In a landmark judgment, the Delhi High Court has ruled that children pursuing education are entitled to maintenance from their fathers under the Hindu Marriage Act, even after they turn 18. This decision aims to alleviate financial burdens on students until they achieve selfsufficiency.
The court addressed an appeal by an estranged husband challenging a family court's order requiring him to pay Rs 35,000 per month in maintenance to his son and wife. The father argued that only minor children qualify for interim maintenance under Section 26 of the Act. However, the court held that the provision extends to financially dependent adult children.
Justice Rajiv Shakdher emphasized that, given today's competitive job market, higher education often continues beyond the age of 18. Consequently, maintenance should support education-related expenses until the child secures gainful employment. The court dismissed the husband's plea, highlighting that his son, an engineering student, deserved sustained financial support.
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