NEW DELHI: In a significant observation, the Delhi High Court has said that a father's obligation would not end on his son turning 18 years as the entire burden of his education and other expenses cannot fall only on the mother. The court said this while granting Rs 15,000 interim maintenance to a divorced woman for her adult son till he completes graduation or starts earning.
The high court said it cannot shut its eyes to the rising cost of living and it is unreasonable 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 her estranged husband for the maintenance of their daughter.
While dealing with the woman’s plea challenging a 2018 trial court order declining maintenance to her and granting it only to her two children who are living with her, the high court said the entire expenditure of the son, on his turning major, is now being borne by the mother.
"The petitioner no 1 (woman) has to take care of the entire expenditure of the petitioner no 2 (son) who has now attained majority but is studying. The Family Court, therefore, failed to appreciate the fact that since no contribution is being made by the respondent (man) herein towards the petitioner no 2, the salary earned by the petitioner no 1 would not be sufficient for the petitioner no 1 to maintain herself," the HC said.
The estranged couple had got married in 1997 and had two children. They got divorced in 2011 and the son and daughter are 20 and 18 years old. As per the Family Court's order, the son was entitled to maintenance till he turned major and daughter would be entitled for the maintenance till she gets employment or gets married.
"It cannot be said that the obligation of a father would come to an end when his son turns 18 and the entire burden of his education and other expenses would fall only on the mother," the HC said.