Maintenance

Your sisters son himself can claim for maintainence from his father.

A major son of the well educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority.

A child who has attained majority can whether claim maintenance from his father, was the question that arose for adjudication before the Court. Claim of the Son-Petitioner was resisted on the ground that the Petition was liable to rejected in view of the provision of Section 20(2) of the Hindu Adoption and Maintenance Act as once the child has attained majority no maintenance can be claimed from either of the parents.

The Court observed that the ward of an educated, well placed parent is entitled to prosecute his studies in order to have better future prospects in life. Even if parents have been divorced, the child cannot be disentitled from prosecuting his further studies to make himself capable of better earning and decent living. In such circumstances, the son would be entitled to maintenance so long as he is prosecuting his education or till he attains the age of 25 years.

The son/claimant even when attains majority, his age would not be such when he can become economically independent so as to earn his living. As in the given facts of the present case, it was held that a major son of the well educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority. This will not be maintenance in strict sense as contemplated under Section 125 of the Code of Criminal Procedure or maintenance as contemplated under Section under Hindu Marriage Act.  

You can refer to Jayvardhan Sinh Chapotkat vs. Ajayveer Chapotkat, Bombay HC, 08.04.2014 for more answers to your query.

Regards,

Anaita Vas