Greeva Garg –
The Delhi High Court while considering a Plea made a significant observation 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 Court said that, with the rising cost of living 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 alienated husband for the maintenance of their daughter.
The High Court was hearing 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 couple got married in November 1997 and had two children. They got divorced in November 2011 and the son and daughter are 20 and 18 years old.
The Family Court said that the son was entitled to maintenance till he attained the age of majority and the daughter would be entitled to the maintenance till she gets employment or gets married, whichever is earlier.
The Court noted that, “The two children are living with the mother. Since the purpose of granting Interim maintenance is to ensure the wife and the children are not put to starvation, the courts while fixing Interim maintenance are not expected to dwell into the minute and excruciating details and facts which have to be proved by the parties.”