The Delhi High Court recently ruled that children pursuing education are entitled to maintenance under the Hindu Marriage Act until they become financially independent.
A Division Bench comprising Justices Rajiv Shakdher and Amit Bansal clarified that the purpose of Section 26 of the Hindu Marriage Act is to ensure maintenance for the education of children, and this obligation does not end when the child turns 18.
“In our considered view, a child pursuing education is entitled to maintenance under Section 26 of the HMA even after reaching the age of majority, until they are financially independent,” the Court stated.
The Bench further explained that by the age of 18, most children have only completed high school (Class 12) and are likely preparing to enter college or university for further studies.
“It is only after obtaining a college or university degree, and in some cases, a postgraduate or professional degree, that a child may be able to secure employment. In today’s competitive world, gainful employment often requires education beyond 18 years of age. Therefore, the scope of ‘education’ in Section 26 of the HMA cannot be restricted to the period before a child turns 18,” the Court elaborated.
In its detailed judgment, the Court also held that the family court does not lose its authority (functus officio) after the withdrawal of a divorce petition and can still decide on applications filed under Sections 24 and 26 of the Hindu Marriage Act.
The decision was rendered while considering cross-appeals filed by a husband and wife challenging a family court order that provided maintenance of ₹1.15 lakh per month to the wife and son, and ₹35,000 per month to the son until he turns 26 or becomes financially independent, whichever occurs first. The family court also stipulated that the ₹35,000 payment to the son should increase by 10% every two years.
The High Court granted the following reliefs:
The wife’s plea was partially allowed, with her interim maintenance under Section 24 of the HMA increased from ₹1,15,000 to ₹1,45,000 per month, effective from the date of her enhancement application on February 28, 2009, until the husband withdrew the divorce petition on July 14, 2016.
The husband was ordered to pay interest at a rate of 12% per annum on the shortfall in the maintenance amount for the relevant period. The interest is to be calculated on the deficit amount from the time it became due each month until it is paid.
The arrears of maintenance for both the wife and son, along with the interest, are to be paid within eight weeks.
Senior Advocate YP Narula and advocate Ujas Kumar represented the husband, while advocate Anu Narula appeared for the wife.
