Delhi High Court: Child Entitled to Maintenance Under Hindu Marriage Act Until Financial Independence

A Division Bench ruled that a child’s education does not get over when he/she attains the age of 18 years.

The Delhi High Court recently decided that children who are still studying are entitled to financial support under the Hindu Marriage Act until they can support themselves.

Justices Rajiv Shakdher and Amit Bansal explained that Section 26 of the Hindu Marriage Act is meant to provide support for children’s education, even after they turn 18.

“In our considered view, 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,” the Court held.

The Bench noted that by the age of 18, a child would typically have completed high school (Class 12) and would likely be seeking to enroll in a college or university for further studies.

It is only after completion of a college/ university degree and in some cases, completing a post-graduation/ professional degree, would the child be able to secure employment. In fact, it can safely be concluded that, in today’s competitive world, gainful employment may be feasible only after the child has pursued education beyond 18 years of age. It is in this context that Section 26 of the HMA [Hindu Marriage Act] provides that the Court may pass orders with respect to ‘education of minor children, consistently with their wishes, wherever possible’. Therefore, the scope of education in Section 26 of the HMA cannot be restricted only till the time the child attains the age of 18 years,” the Court said.

The Court clarified that the family court still has the power to make decisions on applications under Sections 24 and 26 of the Hindu Marriage Act, even after a divorce petition is withdrawn.

This ruling was made while addressing appeals from a husband and wife who were contesting a family court order. The order required the husband to pay ₹1.15 lakh per month for the maintenance of his wife and son, and ₹35,000 per month for his son until he turns 26 or becomes financially independent, whichever happens first.

The family court also decided that the ₹35,000 monthly payment to the son would increase by 10% every two years.

After reviewing the case, the High Court granted the following reliefs:

The wife’s request was approved in part, raising her interim maintenance under Section 24 of the HMA from ₹1,15,000 to ₹1,45,000 per month. This new amount is effective from February 28, 2009, the date of her application, until the divorce petition was withdrawn on July 14, 2016.

• The husband will also need to pay interest at a rate of 12% per annum on any shortfall in the maintenance payments for the relevant period. This interest will be calculated on the amount overdue from the time it was due each month until it is paid.
• The arrears of maintenance for both the wife and son, including interest, must be paid within eight weeks.

Senior Advocate YP Narula and Advocate Ujas Kumar represented the husband.

Advocate Anu Narula represented the wife.