Delhi HC: Responsibility Of Father Does Not End With Children Attaining Age Of Majority

Brief facts of the case

• The Delhi High Court in the present case was dealing with a revision petition against the order passed by the Family Court which declined maintenance to the wife and granted the same only to his daughter and son a sum of Rs. 7,000 each which was later enhanced to Rs. 13,000 per month. The husband later got re married and had a child from the second marriage as well.
• In the affidavit which was filed by the mother in 2016, it was stated that her monthly income is Rs. 43, 792 and that her monthly expenditure is Rs. 75,000. While in the affidavit filed by the husband it showed that he earned a gross salary of Rs. 96,089 per month.
• The wife moved to the family courts for the maintenance, but the family court denied for the maintenance to the wife as the court was of the opinion that she was earning sufficiently. However, the court ordered to grant maintenance to both children in 25% each of the total income of the father.
• The Family Court stated that the son would be entitled for maintenance till he attains the age of majority and the daughter would be entitled for the maintenance till she gets employment or gets married whichever is earlier.

Observations of the Court

• Delhi High Court while analyzing the order by the Family Court observed that while the object of Section 125 Cr. P.C is to prevent the destitution and vagrancy of awife who is deserted by her husband by providing her with maintenance so that she can afford food, clothing, and shelter by a speedy remedy. However, the Delhi High Court was also of the view that the Family Court had neglected the fact that since no contribution is being made by the husband towards the son, the salary earned by the wife would not be sufficient to maintain herself.
• The Delhi High Court held that the obligation of a father to maintain his son under sec. 125 of CrPC would not come to an end after his son attains the age of majority due to the fact that the entire burden of his education including other expenses would fall entirely upon the mother.
• A single-judge bench headed by Justice Subramonium Prasad directed that a sum of Rs. 15,000 per month is to be given as interim maintenance to the mother from the date the son reaches the age of majority till completion of his graduation or starts earning, whichever is earlier
• The Court further stated that it cannot shut its eyes to the fact that at the age of 18 the education of the son is not complete and therefore he cannot be expected to sustain himself. The son would have barely passed his 12th Standard on completing 18 years of age and therefore the father is entitled to look after his son and bear his entire expenses.

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