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Sreshtha Malik   16 June 2021

Duty of Father to pay maintenance under 125 CrPc even after 18 years to his son (in divorce/separation cases)

Duty of Father to pay maintenance under 125 CrPc even after 18 years to his son (in divorce/separation cases)


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 1 Replies

Nirali Nayak   17 June 2021


Hello mam, greetings of the day.
As per your query, yes, a son even after attaining maturity can claim maintenance from his father. Father is obliged to bear the expenses of the son’s education if the mother cannot bear his costs under Section 125 of the Criminal Procedure Code. Children who attain majority and do not suffer from any disability or physical abnormalities and are yet not financially stable or capable to maintain themselves, can claim maintenance from their father just like any children below 18 years. This has been decided in many judgements. In Jayvardhan Singh vs Aayveer Chapotkat, the court held that, a major son of well educated and economically sound parents can claim his educational expenses from his father or mother irrespective of the fact that he has already achieved majority. In T Vimala and others vs S Ramakrishnan, the Madurai bench took note of the Section 20 of the Hindu Adoption and Maintenance Act, and held that, as education is an important part of a child’s life and no father is expected to bring up his child as a criminal or a disorderly person, thus they ought to maintain their son’s expenses. Section 125 is not just for food for life, it should also be for food for thought. 
Hope this solves your query.
Regards
Nirali Nayak
Law Student


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