What is in the name ( ) 27 November 2014

Maintenance for a child at 18years or above

Dear Esteemed Counsels,

Could you please advise on Indian Law - if it directs any of legally separated parents to pay for maintenance of a child who is 18 years old or more? If so, could you please guide on the details?

I was earlier told by my advocate that after 18 years of age a child is considered an adult and hence there is no legal obligation to pay/take care of adult's maintenance.

However, now the advocate has turned around and says - until the adult is earning maintenance has to be paid and even education fees?? Can't the adult son go for Educational Loan? What if the adult does not want to work??

Appreciate your advice.

Thank you

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3 Replies

Sameer12345 (SSE) 27 November 2014

As far as I know the law says "only minor children are entitle to maintenance from parents. adult children are also entitle to maintenance ONLY IF they are disabled/abnormal"

Adv. Chandrasekhar (Advocate) 27 November 2014

In one or two stray cases I stumbled upon, I saw that a major son got maintenance for his studies abroad from his affluent father. Please do not ask me to cite those cases, as it is finding a needle in haystack.

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Sameer12345 (SSE) 03 February 2015

@ Adv. Chandrashekhar,

This is just for the information.

Petitioner women in my case has produced documentary evidence supporting her claim for education of child after 3 years has been passed in CRPC 125. ( Magistrate should not permit her to produce evidence at this stage )

Thanking you