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(Guest)

Man to pay maintenance for education of adult son

 

Man to pay maintenance for education of adult son

 

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".


 


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 2 Replies

Tajobsindia (Senior Partner )     18 February 2011

1. I was present during this case arguments done by some of the finest DHC Sr. Lawyers I must say.


2. My comment: Sh. R.K Shastri is a bit 'moody' Hon'ble Addl. Distr. Judge at THC,
Delhi. I recall few years back when he was ASJ at THC, Delhi he created a flutter by giving judgment in favour of a husband commenting "a wife has duties to her husband and not only rights" and he completely denied maint. to that poor lady.
PS.: I used word ‘moody’ against your Honor and to clarify this word I add a husband in his court got ‘voluntarily’ allowed completely education expenses of his girl child education till the child wants to study !. His wife and her side of battery of Advocates at Bar did not object to this ‘voluntary’ payment of all education expenses during stressful arguments. Further, this husband regularly kept sending on dot complete education expenses of his girl child education to his wife address and wife each month kept on refusing as in ‘refusing’. The husband annoyed by this ‘typical behaviour’ of his wife filed with all relevant evidences a Contempt of Court Order Affidavit before this
Sh. RK Shastri Court. Till date this Lordship could not decide and penalized this wife ‘conduct’ and says it is upto her to take or not take ! Common Lordship when it is husband turn you hit the nail and whn it is wife’s turn you ask for ivory casket upon husband this is ‘gender biasness” showing by your Chair.
When I read this News item today I have integrity and guts to use word ‘moody’ upon Sh. R.K. Shastri, ADJ, THC,
Delhi. Anyone of you readers may challenge me now to have used this word “moody” against a sitting ADJ. Any takers…….?


3. This award is against existing interpretation object and intent of three Laws HMA r/w
HAMA further r/w GWA. A Judge is not supposed to interpret legislative intent on his own !

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(Guest)

Kuch galat to nahi kiya is biwi ne.Ek baap ko uski zimmedaari kaa ahsaas hee to karaaya.

Wo UK me rahti hai to kya hua.

 

Ameer hai to kya hua.

 

Larke ke baap ko kharcha uthana chahiye uska,uske boore nana ko nahi.


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