New Delhi: The Delhi High Court has granted interim maintenance of ₹ 15,000 to a divorced woman, holding that the obligation of a father will not end when his son turns 18 as the entire burden of his education and other expenses are not on the mother alone. may fall. Adult son until he completes graduation or starts earning.
The High Court said that it cannot close its eyes to the rising cost of living and it is futile to expect that the mother alone will provide for the maintenance provided by her estranged husband for herself and the son. Will bear the burden of a small amount. of his daughter.
The High Court, while considering the woman's plea challenging the 2018 trial court's order, refused to give her maintenance and gave only her two children, who are living with her, the high court said. The entire cost of the son, when he grows up, is now being borne. by mother.
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"Petitioner No. 1 (Female) has to take care of the entire expenses of Petitioner No. 2 (Son), who has now become an adult but is not earning as he is still studying. Hence, the Family Court fails to appreciate the facts. It is that since no contribution is being made by the respondent (man) herein to petitioner no 2, the salary earned by petitioner no 1 will not be sufficient for petitioner no 1 to sustain himself," Justice Subramonium Prasad said.
The married couple married in November 1997 and had two children. They divorced in November 2011 and have a son and daughter aged 20 and 18.
As per the order of the Family Court, the son was entitled to maintenance till he attains majority and the daughter would be entitled to maintenance till she gets employment or gets married, whichever is earlier.
The High Court, in its order, said, "Both the children are living with the mother. Since the purpose of granting interim maintenance is to ensure that the wife and children are not starved, the courts are not while deciding the interim maintenance. Minutes. and is expected to give attention to the excruciating details and facts which are to be proved by the parties."
It said that the court cannot shut its eyes to the fact that at the age of 18, the son's education is not over yet, and cannot sustain himself as he has barely passed 12th on attaining the age of 18 years. And hence, the mother has to take care of him and bear his entire cost.
"It cannot be said that the liability of a father shall cease when his son attains the age of 18 years and the entire burden of his education and other expenses shall lie on the mother only. The amount earned by the mother should be any of the father's Spent on him and his children without contribution as the son has attained majority.
“The Court cannot close its eyes to the rising cost of living. It is not reasonable to expect that with the small amount of maintenance paid by the respondent, the mother alone will bear the entire burden for herself and for the son of her daughter,” High Court said.
It states that the amount earned by the woman will not be sufficient to maintain the family of three people i.e. mother and two children and the amount spent on the son will not be available to the mother.
While directing the family, the court said, "This court is, therefore, inclined to pay an amount of ₹ 15,000 per month to the woman as interim maintenance till the date of the completion of her graduation from the date of her attainment of majority. does it or whichever comes first?" Court to decide at the earliest the main maintenance petition filed in 2008.
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The High Court noted that the woman was working as an upper-division Clerk in the Municipal Corporation of Delhi, earning around Rs 60,000 per month and records indicate that the man has filed his salary certificate which shows that Her gross monthly income, as of November 2020, was ₹ 1.67 lakh.
It said that this court cannot shut its eyes from the fact that the person who remarried and has a child from the second marriage has to retain that child also and the amount for maintenance is reduced by the family court. cannot be found. fault with.
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