In a significant ruling, the Delhi High Court has established that a father’s responsibility to support his child financially does not end when the child turns 18, particularly if the child is still in school. This landmark decision was delivered in the case MALAPP(EC) 226/2018 & MAT.APP(F.C.) 120/2019 by a bench comprising Justice Rajiv Shakdher and Justice Amit Barisal.
Case Background
The case revolves around a matrimonial dispute between a couple married in 1998 who separated in 2004. Their son, born in 2001, has been living with his mother since the separation. The father initially sought a divorce in 2004 but withdrew his petition in 2016. Meanwhile, in 2009, the mother requested an increase in the interim maintenance she was receiving under Sections 24 and 26 of the Hindu Marriage Act (HMA).
Key Legal Issues and Court’s Decisions
1. Maintenance for Adult Children
The court ruled that a child who is still pursuing education and is financially dependent can receive maintenance under Section 26 of HMA even after reaching the age of majority. The bench highlighted, “A child continuing their education is entitled to maintenance under Section 26 of the HMA beyond the age of majority, as long as they are not financially independent.”
2. Family Court’s Authority Post-Divorce Petition Withdrawal
The court decided that a Family Court retains its authority to adjudicate applications under Sections 24 and 26 of HMA even after a divorce petition is withdrawn. The court observed, “If a husband could avoid paying interim maintenance by withdrawing his divorce petition, it would leave the wife and any dependents without necessary support.”
3. Concealment of Income and Assets
The judgment revealed that the father had significantly hidden his true income and assets to evade fair maintenance payments. The court stated, “The husband had grossly concealed his income and assets to avoid paying the correct amount of maintenance.”
4. Increase in Maintenance
The court decided to increase the interim maintenance from Rs. 1,15,000 to Rs. 1,45,000 per month, effective from the date the enhancement application was filed (February 28, 2009) until the divorce petition was withdrawn (July 14, 2016).
5. Interest on Arrears
The father was ordered to pay interest at 12% per annum on the maintenance arrears due to the delays caused by his evasive actions.
Final Observations
The court dismissed the father’s appeal with costs of Rs. 1,00,000 and partially allowed the mother’s appeal for an increase in maintenance. This judgment reinforces the need to ensure that maintenance payments reflect the paying spouse’s financial ability and prioritize the welfare of children involved in matrimonial disputes.
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