SOURCE : https://timesofindia.indiatimes.com/city/delhi/Man-to-pay-maintenance-for-education-of-adult-son/articleshow/7511247.cms

NEW DELHI: Stating that a man cannot deny the "moral" responsibility of educating his children even after they have attained majority, a trial court has directed a Delhi-based businessman to pay Rs 1 lakh maintenance per month to his NRI wife so that she can use the money for the schooling of their kids.

"Parents are not expected to throw their wards off the house, the day children attain majority. We keep on providing our children with food other necessities or even college fee and assist them in becoming self dependent," additional district judge R K Shastri said.

The court's remarks came while hearing the petition of a woman, a British national, who sought maintenance eight years after the couple separated. The woman had moved the application seeking Rs 2,17,000 as maintenance on the grounds that her son (19) was studying in London University leading to rise in her expenses. She claimed before the court that even as her father was supporting her, the expensive education of her son, which costs about Rs 10 lakh per annum, was too much to handle.

Her husband, however, shrugged off his responsibility on the grounds that since both his children had attained majority, he was not legally bound to give maintenance. He also alleged that his estranged wife was well off as her father was an established businessman in UK.

The court said, "Supporting their dependent child is an integral part of parenting. In this way, responsibility of applicant spouse (wife) to bring up and educate a child born to her and her husband cannot be negated simply because that child has attained majority."

The court, however, cleared that a woman can only ask for maintenance for a lifestyle that she enjoyed when she was married to her husband. "At the same time, if a spouse after being separated from other life partner, enrolls his/her ward in a more expensive school, he/she cannot claim reimbursement of all expenses of child's schooling, which even they had not done while remaining together," the court said.

The court also directed the man to pay Rs 50,000 as litigation expenses to his estranged wife as she "engaged one senior advocate to defend her case".