Photo used for indicative purpose only. Source internet
Shimla, Oct 6,
The Himachal Pradesh High Court has underscored that a father’s moral responsibility to support his children continues even after they attain majority, particularly when they are pursuing education, although the legal obligation under Section 125 of the CrPC ends at majority.
A division bench comprising Justice Vivek Singh Thakur and Justice Sushil Kukreja partly allowed a plea filed by siblings Rishita Kapur and her brother, challenging a Family Court order that denied them enhanced maintenance. The Family Court at Sarkaghat had raised the mother’s maintenance to ₹8,000 per month but refused any increase for the children, citing their majority status.
The petitioners contended that they were still in full-time education, with the daughter pursuing a PhD and the son enrolled in a B.Tech program, and that financial constraints were adversely affecting their studies. The High Court noted that the son was a minor when the enhancement plea was filed in July 2018 and attained majority on March 17, 2020. Consequently, he was legally entitled to maintenance of ₹8,000 per month from July 2, 2018, until March 17, 2020, and the court directed the father to clear the arrears by October 15, 2025.
The bench, however, upheld the denial of maintenance for the daughter, observing that Section 125 CrPC and Section 144 of the Bharatiya Nagarik Suraksha Sanhita apply only to minors or major children with disabilities. The court clarified that she may seek relief under other applicable laws, including the Hindu Adoptions and Maintenance Act.
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