The Delhi High Court has held that the obligation of a father to maintain his son under sec. 125 of CrPC would not come to an end when the son attains the age of majority after reasoning that the entire burden of his education including other expenses would fall entirely upon the mother.
A single judge bench of Justice Subramonium Parad said that an amount of 15,000₹ per month is to be given as maintenance to the mother from the date of the son attaining majority till completion of his graduation or starts earning.
The Delhi High Court was dealing with a revision against the order dated 21st, April, 2018. passed by the Additional Principal Judge, Family Court declining maintenance to the wife and granting the same only to the two children i.e. daughter and son of Rs. 7,000 each which was later enhanced to Rs. 13,000 per month. The husband however, re married and got a child from the second marriage.
Noting that both the husband and wife were government employees working as Upper Divisional Clerk in Delhi Municipal Corporation and Joint General Manger (HR) with the Airports Authority of India respectively.
According to the affidavit filed by the mother in 2016, it was stated that her monthly income is Rs. 43, 792 and that the monthly expenditure is Rs. 75,000. On the other hand, the affidavit filed by the husband showed that he earned a gross salary of Rs. 96,089 per month. After an application for grant of interim maintenance claiming a sum of Rs. 40,000 was moved by the wife in Family Court, the Court had concluded that since the wife was earning sufficiently for herself, she is not entitled to any maintenance. The Court also apportioned the income of the husband into 4 shares, out of which two shares have been given to the husband himself and one share each i.e. 25% was given to the two children.
The Court also said that the son of the parties would be entitled for maintenance till he attains the age of majority and the daughter would be entitled for the maintenance till she gets employment or gets married whichever is earlier. Analyzing the aforesaid order by the Family Court, the Court was of the view that the object of Section 125 Cr.P.C is to prevent vagrancy and destitution of a deserted wife by providing her for the food, clothing and shelter by a speedy remedy.
However, the Court also said that the Family Court had failed to appreciate the fact that since no contribution is being made by the husband towards the son , the salary earned by the wife would not be sufficient for her to maintain herself.
