Delhi High Court said that a father's obligation to financially support the son does not end when he turns 18 noting that the judicial system cannot ignore the rising cost of living. The bench granted Rs. 15,000 per month as interim maintenance to a divorced woman for the expenses of her son.
The court was dealing with a petition filed by a divorced woman in 2018. She challenged the family court order which denied her maintenance allowance and granted financial support only to her two children. Once her son turned 18, his entire expenses also fell on the woman.
Justice Subramonium Prasad added that it is unreasonable to expect the woman alone to take care of the entire expenses of herself and the child. The small amount of money provided by the estranged husband is not enough for the son's education.
The child support is to continue till the son graduates or starts earning.
The High Court, in its verdict, pointed out that the family court had failed to appreciate that the man was not making any (financial) contribution for the son, the income earned by the mother would not be sufficient for the family. Even though the son has turned 18, he is not earning because he is still in college.
The family court had ordered the son eligible for financial support till he attains the age of majority and the daughter is entitled to it till she gets a job or gets married. The High Court order said that the purpose of granting interim maintenance is to ensure that the woman and two children are not put to starvation.
The bench took notice of the fact that the woman was working as an Upper Division Clerk in Delhi Municipal Corporation and earns about Rs. 60,000. And the man's salary certificate shows that his monthly income is Rs. 1.67 lakh.
The court decided on the interim maintenance amount after considering the fact that the man has another child to provide for from his second marriage.