In a landmark judgment, the Delhi High Court has ruled that a father’s obligation to provide maintenance to his child does not cease when the child turns 18, especially if they are still pursuing their education. This decision was handed down in the case MAT.APP.(F.C.) 226/2018 & MAT.APP.(F.C.) 120/2019, heard by a division bench comprising Justice Rajiv Shakdher and Justice Amit Bansal.
Background of the Case
The case involves a matrimonial dispute where the parties, married in 1998, separated in 2004. They have a son born in 2001, who has been living with his mother since the separation. The father initially filed for divorce in 2004 but withdrew the petition in 2016. In 2009, the mother filed an application for enhancement of interim maintenance under Sections 24 and 26 of the Hindu Marriage Act (HMA).
Key Legal Issues and Court’s Decisions
Maintenance for Adult Child
The court held that maintenance under Section 26 of HMA can be granted to a child even after they attain majority if they are still pursuing education and are not financially independent. The court emphasized, “A child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he attains the age of majority, till the time he is pursuing his education and is not financially independent.”
Family Court’s Jurisdiction After Withdrawal of Divorce Petition
The court ruled that the Family Court does not become functus officio (having no further authority) after the withdrawal of the divorce petition and can decide applications under Sections 24 and 26 of HMA even after such withdrawal. The court noted, “If the submission of the Husband is accepted, in order to obviate payment of interim maintenance under Section 24 of the HMA, the husband can unilaterally withdraw the divorce petition, leaving the wife without any means to maintain herself and dependent, if any.”
Concealment of Income and Assets
The court found that the father had grossly concealed his real income and assets to avoid paying the rightful amount of maintenance. The judgment stated, “The Husband has grossly concealed the real income as well as his movable and immovable assets in order to avoid paying the rightful amount of maintenance to the wife.”
Enhancement of Maintenance
The court enhanced the interim maintenance from Rs. 1,15,000 to Rs. 1,45,000 per month, to be paid from the date of filing the enhancement application (28th February 2009) till the date of withdrawal of the divorce petition (14th July 2016).
Interest on Arrears
The court ordered the father to pay interest at 12% per annum on the shortfall in the maintenance amount, citing the delay caused by his dilatory tactics.
Observations and Rulings
The court dismissed the father’s appeal (MAT.APP.(F.C.) 226/2018) with costs of Rs. 1,00,000 and partially allowed the mother’s appeal (MAT.APP.(F.C.) 120/2019) for enhancement of maintenance. The court’s observations underscore the importance of providing adequate maintenance commensurate with the financial capacity of the paying spouse and ensuring the welfare of children in matrimonial disputes.
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Legal Representation
– For the appellant: Mr. Y.P. Narula, Senior Advocate with Mr. Ujas Kumar, Advocate
– For the respondent: Ms. Anu Narula, Advocate
