A Division Bench ruled that a child’s education does not get over when he/she attains the age of 18 years.
The Delhi High Court recently ruled that children who are still studying are entitled to financial support under the Hindu Marriage Act until they achieve financial independence. Justices Rajiv Shakdher and Amit Bansal clarified that Section 26 of the Hindu Marriage Act is designed to support a child’s education even after they turn 18.
The Court stated, “In our view, a child who is pursuing education is entitled to maintenance under Section 26 of the HMA beyond reaching the age of majority, as long as they are still in education and not financially independent.”
The Bench observed that by the age of 18, a child has usually completed high school and is likely seeking enrollment in college or university for further studies.
It is only after completion of a college/ university degree and in some cases, completing a post-graduation/ professional degree, would the child be able to secure employment. In fact, it can safely be concluded that, in today’s competitive world, gainful employment may be feasible only after the child has pursued education beyond 18 years of age. It is in this context that Section 26 of the HMA [Hindu Marriage Act] provides that the Court may pass orders with respect to ‘education of minor children, consistently with their wishes, wherever possible’. Therefore, the scope of education in Section 26 of the HMA cannot be restricted only till the time the child attains the age of 18 years,” the Court said.
The Court clarified that the family court retains the authority to make decisions on applications under Sections 24 and 26 of the Hindu Marriage Act even if a divorce petition is withdrawn. This ruling came in response to appeals from a husband and wife challenging a family court order. The order mandated the husband to pay ₹1.15 lakh per month for his wife and son’s maintenance, and ₹35,000 per month for his son until he turns 26 or becomes financially independent, whichever occurs first. Additionally, the family court ruled that the ₹35,000 monthly payment to the son would increase by 10% every two years.
After reviewing the case, the High Court granted the following reliefs:
- The wife’s request was partially granted, increasing her interim maintenance under Section 24 of the HMA from ₹1,15,000 to ₹1,45,000 per month. This adjustment is effective from February 28, 2009, the date of her application, until the divorce petition was withdrawn on July 14, 2016.
- The husband is also required to pay interest at a rate of 12% per annum on any shortfall in maintenance payments for the relevant period. This interest will be calculated on the overdue amount from the time it was due each month until it is fully paid.
- The arrears of maintenance for both the wife and son, including interest, must be settled within eight weeks.
Senior Advocate YP Narula and Advocate Ujas Kumar represented the husband, while Advocate Anu Narula represented the wife.
