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Obligation Of Father Doesn’t End On Son Turning 18, Says Delhi HC

by RTD Journal

The Delhi high court held on Tuesday that a father’s obligation does not cease when his son reaches the age of 18, because the burden of his education and other expenses cannot be borne only by the mother. The judge made this statement while awarding a divorced lady Rs 15,000 in interim support to fund her adult son’s expenditures until he graduates or starts working.

The court stated that it cannot ignore increased living costs and that it is unfair to expect the mother to shoulder the full burden for herself and her children on her alone. The spouse was contributing a tiny bit of maintenance to their daughter’s upkeep.

“The woman will cover the entire cost of the kid who has reached majority but is still a student and hence is not earning. According to a PTI report, Justice Subramonium Prasad observed, “The Family Court failed to appreciate the fact that, because the respondent (male) herein makes no contribution to the son, the salary obtained by the wife would not be sufficient for the lady to maintain herself.”

In November 1997, the estranged couple married and had two children. In November of 2011, they divorced. The son is 20 years old, and the daughter is 18 years old.

“The mother lives with the two children. The goal of granting interim support is to guarantee that the wife and children do not go hungry, thus the courts are not expected to go into minute and excruciating details and facts that the parties must prove,” the court noted.

The court went on to say, “This court is inclined to grant a sum of Rs 15,000 per month as interim support to the wife from the date the son attains the age of majority until he completes his graduation or begins earning, whichever comes first.”

The woman was employed as an upper division clerk in the Delhi Municipal Corporation, earning around Rs 60,000 per month, according to the high court. The court also stated that the man’s gross monthly income was Rs 1.67 lakh as of November 2020, according to a salary certificate filed by him.


Written By: Swati Sahoo



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