• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • "Delhi High Court the father wouldn't end his obligation when son attain the age of 18."

Latest News

Back

"Delhi High Court the father wouldn't end his obligation when son attain the age of 18."

Courtesy/By: Ayushi Sharma  |  30 Jun 2021     Views:395

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."

 

 


Document:


Courtesy/By: Ayushi Sharma  |  30 Jun 2021     Views:395

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:6202
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5614
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5595
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5393
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5415
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:5064
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5429
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5421
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5544
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5727
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5437
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5402
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5353
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5478
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5434
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5761
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5586
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6432
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5548
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5892
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5793
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:5979
World Health Assembly Revises International Health...
21 Jul 2024     Views:5831
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5942
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5734
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:9135
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7667
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7705
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7495
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8477
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7804
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6336
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:7123
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6381
Exploring the Differences between the US and India...
29 Jun 2023     Views:6389
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6642
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6332
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6315
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6362
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6334
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6686
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6179
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6212
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6659
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6860
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6434
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6871
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8869
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6866
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6530
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:12197
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6245
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:7108
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6677
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6388
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6617
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6252
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6706
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6371
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6816
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:7040
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7272
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:11155
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6466
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6336
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7473
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6183
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6193
Scope of Section 151 CPC...
13 May 2023     Views:7779
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6723
Scope of Decree under CPC...
10 May 2023     Views:6269
Legal development of Arbitration Laws in India....
09 May 2023     Views:6313
Arbitration Laws in India...
07 May 2023     Views:6262
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8363
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6548
Same-Sex Marriage in India...
30 Apr 2023     Views:6182
National Commission for Women...
27 Apr 2023     Views:6036
Law making process of India....
26 Apr 2023     Views:7126
Bail Provisions in India...
25 Apr 2023     Views:6060
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6479
Contempt of Court...
23 Apr 2023     Views:6314
The collegium system of Judiciary in India....
22 Apr 2023     Views:5999
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:5991
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:6156
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8596
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7203
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6272
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:5986
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6201
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5757
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:5984
Law should take into consideration realities of co...
10 Apr 2023     Views:5812
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6418
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6537
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6262
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6737
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:6044
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6183
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:6775
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:6512
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96495
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:74081
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71493
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70632
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:60003
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.