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 has recently ruled that children who are still pursuing their education 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 Act is intended to cover educational expenses even after the child turns 18.
The Court stated, “A child engaged in education is entitled to maintenance under Section 26 of the HMA beyond reaching the age of majority, provided they are still in school and have not yet achieved financial independence.” The Bench noted that by age 18, a child typically completes high school and is often seeking admission to 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authority to decide on applications under Sections 24 and 26 of the Hindu Marriage Act even if a divorce petition is withdrawn. This clarification followed appeals from a husband and wife challenging a family court order. The order required the husband to pay ₹1.15 lakh per month for the maintenance of his wife and son, and ₹35,000 per month for his son until he turns 26 or becomes financially independent, whichever comes first. Additionally, the family court stipulated 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, raising her interim maintenance under Section 24 of the HMA from ₹1,15,000 to ₹1,45,000 per month, effective from February 28, 2009 (the date of her application) until the divorce petition was withdrawn on July 14, 2016.
The husband is required to pay interest at a rate of 12% per annum on any shortfall in maintenance payments for the relevant period, calculated from the due date each month until the amount 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.
