The Delhi High Court held that the father will not move from his obligation to maintain his son under Section – 125 of Cr.PC would not end the obligation of maintain her son when he attain the age of majority. The burden will lies on the shoulder of the father including the expense of education or other expenses.
A single bench comprising of Justice Subramonium Prasad held that in a case title the father was under the obligation to pay maintenance to the son and has to give sum of amount to his mother of Rs. 15,000 per month from the date his son attain the age of majority or turn into of 18 year till he complete his graduation or stats earning whichever will be earlier.
The court observed that: “It cannot be said that the obligation of a father would come to an end when his son reaches 18 years of age and the entire burden of his education and other expenses would fall only on the mother. The amount earned by the mother has to be spent on her and on her children without any contribution by the father because the son has attained majority."
Furthermore the court said that: “The Court cannot shut its eyes to the rising cost of living. It is not reasonable to expect that the mother alone would bear the entire burden for herself and for the son with the small amount of maintenance given by the respondent herein towards the maintenance of his daughter."
The court was dealing a revision petition against te order which was given on April 21st, 2018 passwd by the Additional Principal Judge, Family Court “declining maintenance to the wife and granting the same only to the two children i.e. daughter and son of Rs. 7,000 each which was later enhanced to Rs. 13,000 per month. The husband however, re married and got a child from the second marriage. "
The both the husaband and wife were working as a government employee under “working as Upper Divisional Clerk in Delhi Municipal Corporation and Joint General Manager (HR) with the Airports Authority of India respectively. "
According to the affidavit filed by the mother of the son in 2016 it stated that her mothly income was of Rs. 43,792 and her expenditure along with her son is of total 75,000. On thr other hand thr husband mothly income was of Rs. 96.089.
The application was moved y wife before the Family Court to grant the interim maintainance of sum of Rs. 40,000 sice she is not able to maintain. The court also “also apportioned the income of the husband into 4 shares, out of which two shares have been given to the husband himself and one share each i.e. 25% was given to the two children."
The court said that “Since the purpose of granting interim maintenance is to ensure that the wife and the children are not put to starvation, the Courts while fixing interim maintenance are not expected to dwell into minute and excruciating details and facts which have to be proved by the parties."
The Court said: "the balance has to be taken care of by the wife i.e. the petitioner No.1 herein, who is also earning and is equally responsible for the child. The respondent has married again and has a child from the second marriage. This Court cannot shut its eyes to the fact that the respondent has equal responsibility towards the child from the second marriage. The further reduction of the amount after the birth of the child from the second marriage of the respondent also cannot be found fault with and the reasoning given by the Family Court does not warrant any interference at this juncture."
The cort directed that “”This Court cannot shut its eyes to the fact that at the age of 18 the education of petitioner No.2 is not yet over and the petitioner No.2 cannot sustain himself. The petitioner No.2 would have barely passed his 12th Standard on completing 18 years of age and therefore the petitioner No.1 has to look after the petitioner No.2 and bear his entire expenses."
In view of this, the Court directed thus: "The amount earned by the petitioner No.1 will not be sufficient for the family of three, i.e. the mother and two children to sustain themselves. The amount spent on the petitioner No.2 will not be available for the petitioner No.1. This Court is therefore inclined to grant a sum of Rs.15,000/- per month as interim maintenance to the petitioner No.1 from the date of petitioner No.2 attaining the age of majority till he completes his graduation or starts earning whichever is earlier."