Father’s obligation to maintain a child cannot come to an end once the child turns 18 years of age, observed Justice Subramonium Prasad while hearing the revision petition filed challenging the Family Court’s maintenance order.
Instant petition was directed against the Family Court’s Order declining maintenance to the women and granting it only to her two children who are living with her.
The son was entitled to get maintenance till he attained the age of majority and daughter would be entitled for the maintenance till she gets employment or gets married, whichever is earlier.
Therefore, the entire expenditure of the son, on his turning major, was being borne by the mother.
The court granted a sum of ₹ 15,000 per month as interim maintenance to the woman from the date of son attaining the age of majority till he completes his graduation or starts earning whichever is earlier.
The high court observed that, “The two children are living with the mother.
Since the purpose of granting interim maintenance is to ensure that the wife and the children are not put to starvation, the courts while fixing interim maintenance are not expected to dwell into minute and excruciating details and facts which have to be proved by the parties.
“Furthermore, the court said that it cannot shut its eyes to the fact that at the age of 18 the education of the son is not yet over and he cannot sustain himself as he would have barely passed his 12th standard on completing 18 years of age. Additionally the court can’t disregard the rising cost of living.
Thus, it is not reasonable to expect that the mother alone would bear the entire burden for herself and for the son with the small amount of maintenance given by the respondent for the maintenance of his daughter.
Adding to that the court said, the amount earned by the woman will not be sufficient for the family of three, to sustain themselves and the amount spent on the son will not be available for the mother.
By Team SLC