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Analysing the retrieved Case Laws
Scanned Judgements…!
HARISH CHAND Vs SARITA DEVI AND ANOTHER
, 2024 0 Supreme(Cal) 177).HARISH CHAND Vs SARITA DEVI AND ANOTHER
, 2024 0 Supreme(Cal) 365).HARISH CHAND Vs SARITA DEVI AND ANOTHER
).HARISH CHAND Vs SARITA DEVI AND ANOTHER
).The duration of maintenance can extend into adulthood if the child is still studying or training, reflecting social justice and familial responsibility principles (e.g., 2024 0 Supreme(Cal) 177,
HARISH CHAND Vs SARITA DEVI AND ANOTHER
).Analysis and Conclusion:
In family law disputes across India, a common question arises: Maintenance can continue beyond 18 years if the daughter is still dependent, particularly if she is studying or training. Parents and adult children often grapple with whether financial support ends automatically upon reaching majority. The good news is that Indian courts have consistently ruled that dependency, not just age, determines entitlement to maintenance. This post breaks down the legal principles, judicial precedents, and practical guidance based on key judgments, helping you understand your rights and obligations.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation.
Under Section 125 of the Code of Criminal Procedure (CrPC), parents are obligated to maintain children unable to support themselves. This extends beyond age 18 if the child remains dependent due to education or vocational training. Courts emphasize the beneficent purpose of maintenance laws to prevent children from suffering due to inability to earn. 2025 5 Supreme 622
The Supreme Court in Rajnesh v. Neha clarified: the living expenses of a child include expenses for education, coaching, vocational courses, and extracurricular activities, and such expenses should be factored into maintenance. A child attaining majority does not automatically cease to claim maintenance. 2022 0 Supreme(Jhk) 966 2025 5 Supreme 622
Dependency is broadly defined as inability to self-support due to ongoing education. In Surjeet Kour, courts held a major unmarried daughter pursuing education remains dependent on parents, with entitlement from her father. Dependency hinges on financial inability, not age alone, especially for higher studies. 2025 5 Supreme 622 1997 4 Supreme 609
This aligns with precedents where maintenance was enhanced for daughters' private schooling and tuitions, even years after initial awards. For instance, in one case, enhancement was sought six years later as the daughter entered 6th class in a private school, factoring in rising costs.
HARISH CHAND Vs SARITA DEVI AND ANOTHER
2021 0 Supreme(HP) 475These rulings underscore that courts assess actual needs, like school fees and tuitions, against the parent's status.
HARISH CHAND Vs SARITA DEVI AND ANOTHER
Section 125 CrPC mandates maintenance for children unable to maintain themselves, interpreted to include studying majors. Supreme Court rulings confirm continuation beyond 18 for studies or training. 2025 5 Supreme 622 1997 6 Supreme 523
Related laws like the Protection of Women from Domestic Violence Act (Section 20) limit minor maintenance to 18 but align with CrPC for dependents. In one revision, maintenance for a 16-year-old daughter was upheld till 18, with elder child's claim set aside post-majority unless dependent. 2018 0 Supreme(Ker) 563
Courts routinely award continued maintenance for daughters in college or vocational programs, including hostel fees and course costs. In a Delhi case, a father paid for non-professional courses despite concerns over employment prospects, highlighting ongoing obligations. 2024 Supreme(Online)(DEL) 30807
Factors courts evaluate:- Proof of enrollment and expenses (fees receipts, course details)- Daughter's lack of income or employment- Parent's financial capacity and lifestyle
However, entitlement ends upon financial independence or gainful employment. Mere majority without proof of self-support doesn't terminate rights. 2025 5 Supreme 622
Jayshree @ Pushpa w/o Satyendra Jindam Died, Through L. Rs. VS Satyendra s/o Shivram Jindam
In enhancement petitions, changes like school upgrades justify increases, as seen where Rs.10,000 was raised to Rs.20,000 considering daughter's expenses. Courts balance withdrawals for education against current needs. 2024 0 Supreme(Guj) 861
To strengthen claims:- Substantiate dependency: Provide enrollment proofs, fee slips, and income affidavits. 2025 5 Supreme 622- Document expenses: Track education, coaching, and living costs.- File timely applications: Under CrPC 125 or Domestic Violence Act for prompt relief.
Parents should maintain records to contest unreasonable demands, ensuring assessments reflect true capacity.
Indian law prioritizes welfare, allowing maintenance beyond 18 for studying daughters to foster education without hardship. Precedents like Rajnesh v. Neha and others reinforce this protective stance. 2022 0 Supreme(Jhk) 966 2025 5 Supreme 622
Key Takeaways:- Dependency via studies extends support past majority.- Courts factor holistic needs, not rigid age cutoffs.- Always prove ongoing inability to self-support.
Stay informed, document diligently, and seek professional guidance to navigate these nuances effectively.
#MaintenanceLaw #FamilyLawIndia #ChildSupport
The daughter has married and son is employed in Health Department and she was living with her son. 18. ... The son named Dhrumil Subhangbhai Pandya I. e., son of the applicant No.1 become adult on 11/11/2009 but as he is still studying there is moral responsibility of the respondent-father as attached to the son. ... It is argued that this was complete non-participation of the husband in important events of the lives of th....
With advancement of age, it would be difficult for a dependent wife to get an easy entry into the workforce after a break of several years. (b) Right to residence 87. ... to deposit of Rs. 20,00,000/- as permanent alimony on 18.04.2019. ... 18. ... The view that maintenance ought to be granted from the date when the application was made, is based on the rationale that the primary object of main....
(c) Towards expenses, if any, of any extra educational, vocational or professional/ educational course, specialised training or special skills programme of dependent children. ... The High Court vide impugned cryptic order has reduced the amount of maintenance from Rs. 20,000/- to Rs. 7,500/-. Despite service the respondent has not chosen to appear before this Court. He is shirking to take care of the appellant (minor daughter#HL....
Maintenance is dependent upon factual situations; the Court should mould the claim for maintenance based on various factors brought before it. ... In the mean time the petitioner gave birth to her minor daughter who is presently 5 years of age. After birth of the girl child, the torture upon the petitioner increased. ... The order of maintenance may be enforced as a money decree of a civ....
Six years later on 2016, the respondents moved for enhancement in the maintenance amount on the ground that petitioner's daughter-respondent No. 2 was now studying in 6th class in a private school and also taking tuitions. ... It was also alleged that he had not even paid the maintenance amount for the last two years. ... Amount of maintenance must be befitting the sta....
In SCR.A No.7829 of 2022, this Court directed to decide the impugned maintenance application before 29/04/2023. 8. When application for maintenance was filed, daughter–Devanshi was major aged 24 years. 9. ... He would further submit that daughter Devanshi was living with wife and she was maintained by wife; all the educational expenses are borne by wife as she was studying in USA. ... It....
When the application under Section 24 of the Hindu Marriage Act was filed, the daughters were studying in school. The application for enhancement of alimony was filed in the year 2019 when the elder daughter was pursuing her MBA course and the younger daughter was studying B.A. (Hons.) course. ... In the said reported decision, the Hon’ble Supreme Court after noticing that the wife in that case was to maintain the eldest a....
He states that despite paying maintenance, the petitioner has not been granted visitation rights to his daughters, who were studying at Loreto Convent School in Delhi before being moved to a private school and hostel in Pathankot. ... Consequently, the petitioner would be paying Rs. 28 lakhs for a non- professional course, after which his daughter would still struggle to secure decent employment. ... It is argued that it i....
Six years later on 2016, the respondents moved for enhancement in the maintenance amount on the ground that petitioner's daughter-respondent No. 2 was now studying in 6th class in a private school and also taking tuitions. ... It was also alleged that he had not even paid the maintenance amount for the last two years. ... Amount of maintenance must be befitting the stat....
Nevertheless, when the Appellant (Deceased) had filed proceedings under Section 18 of the Hindu Adoption and Maintenance Act, the present applicant was not minor and she was not dependent on income of the Appellant. ... Therefore, in present case cause of action ceases on death of the original Appellant (wife) and no right accrues to the applicant-married daughter to continue with the cause for enhancemen....
Making the said submissions, he seeks dismissal of the Writ Petition. In view of the same, the learned Assistant Government Pleader submits that the action of the respondent-authorities in rejecting the case of the petitioner for compassionate appointment cannot be found fault with. Insofar as the petitioner is concerned, he submits that after detailed examination of her case for compassionate appointment with the existing Orders/Circular Memos issued by the Government, the respondent-authorit....
A married daughter is dependent on her father/mother if she is living with her father/mother when her husband deserts her or disappears for years together or dies. In all such cases, the husband should not have left any property/income to his wife and the married daughter is solely dependent on the support provided by her father/mother and is an un-employee. 2. He is also informed that once marriage is performed, a daughter is not dependent on her father/mother even if she is....
In our considered view, ‘a divorced daughter’ stands on the same footing as that of ‘an unmarried daughter’ or ‘a widowed daughter’, provided she was dependent on the deceased and living with him/her. If a divorced daughter is not living with her parents or not dependent on them, then she cannot be considered as a dependent. However, if the facts are proved that the divorced daughter is dependent and living with her parents, then she too, would be entitled for an appointment ....
On the other hand, the second child was shown as aged 16 years as on the date of application. Further, the amount ordered by the court below payable to the second child @ Rs.1000/- is also not on the higher side, if not less. Definitely, she is entitled for maintenance till she attained the aged of 18 years. Considering the age of the wife, her needs and her status during her cohabitation with the husband, I feel that a sum of Rs.3000/- ordered by the court below is not on th....
6. The maintenance part of the minor child/daughter, can be taken care at the time of deciding permanent alimony. Apart from it, the substantive provision for maintenance is under the Adoption and Maintenance Act and the maintenance for the daughter if at all can be claimed thereunder.
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