High Court

Under the Hindu Marriage Act, the child should receive maintenance until he becomes financially independent. The Delhi High Court said this while hearing a cross appeal filed by a husband and wife.

The family court asked to pay alimony of Rs 1.15 lakh to the wife and Rs 35,000 per month to the child. This order of the family court was challenged in the High Court. However, the order of the family court also states that the amount should be paid till the son turns 26 years old or till he becomes financially independent, whichever is earlier. Also, a condition was put that the amount of Rs 35,000 to be given to the son will increase by 10 percent every year. A division bench of Justice Rajiv Shakdhar and Justice Amit Bansal heard the appeal against the decision of the Family Court in the Delhi High Court. He said that the purpose of Section 26 of the Hindu Marriage Act is to provide allowance for the education of the child and the education of a child does not end till the age of 18. The court said, we also believe that a child receiving schooling is entitled to maintenance under Section 26 of the Hindu Marriage Act even after becoming an adult and until he completes his studies and becomes financially independent. It is noteworthy that even before this, many High Courts have made similar comments in their decisions.

The role of the family court does not end after divorce

According to Bar and Bench report, the court also said that even after the withdrawal of the divorce petition, the role of the family court does not end and it can decide on the petitions filed under sections 24 and 26 of the Hindu Marriage Act.