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socially backward (Social worker)     19 November 2022

Maintenance for child

Dear members,

The marriage was registered under special marriage act and the child will be 18 within a couple of months.His parents are embroiled in a contest divorce proceedings for almost 3 years.Now the son needs money to study further abroad and cleared some exam for that.But his father is neither helping him to obtain scholarship based on family income nor coming forward to offer money for study.Fathet didn't give any money to him for education or maintenance.He was brought up by his mother so far.

Now,what remedy is available for him for claiminai maintenance and under which act?Will HAMA be applicable in this case?



Learning

 1 Replies

LCI Thought Leader Adv Harsh Malhotra (Adv)     23 September 2023

Section 125 (c) provides that any legitimate or illegitimate child of a father can claim maintenance on the grounds of physical or mental illness due to which he or she is unable to maintain himself or herself. This section is applicable even for major child. If a son reaches the age of eighteen, it does not mean that as from that date, he has to starve.  Recently, in Urvashi Aggarwal vs. Inderpaul Aggarwal, the Delhi HC held that “it cannot be said that the obligation of a father to maintain his son cannot come to an end when he reaches 18 years of age and the entire burden of his education other expenses would fall only on the mother. The court further ordered the father of major son to provide for the educational expenses till he completes his graduation or starts earning whichever is earlier.

However, we can further guide you to ensure the filing covers all necessary aspects and aligns with legal requirements.
 


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