Queency Jain –
Justice Subromonium Prasad, while hearing a review petition, held that an obligation of a father to maintain his son, as in accordance to Section 125 of CrPC, will not come to an end just for the mere reason that the son has attained the age of majority.
The decision comes after the Court observed that ending the obligation of a father will eventually put the entire burden of education and other expenses of the mother herself and her children on her.
The Court observing the consequences directed that a sum of Rs. 15000 is to be given to a mother as an interim maintenance by the father of the son from the time the son attains majority till the age he completes his education or starts earning, whichever comes earlier.
The Court was dealing with a revision petition by a mother where she challenged the order dated back in 2018 by a Family Court which stated that the mother was not entitled to any maintenance as she earned well to feed herself. However, the Court directed the father to provide maintenance to the two children, a son and daughter.
While the son was entitled to maintenance only till the age of majority, the daughter was entitled to such sum until she gets married or starts earning herself.
After the mother, i.e. the petitioner filed a review petition on the same; the Court reviewed the Section 125 of CrPC which prevents destitution of deserted wife by providing her food, expenses, shelter by a speedy recovery.
In the present case, since the father had re-married and even had a child with her new wife, the Court stated that a balance has to be maintained between the mother and the father for taking care of the children bearing the expenses.
Though it was observed that the Family Court failed miserably in providing contribution by the husband towards the son and the objection raised is maintainable as it puts upon unnecessary burden only on the mother.
In conclusion, the Court observed that the son has barely completed class 12 and would not be able to bear his expenses and will be a burden on the mother for such expenses, the Court directed the father to provide with an interim maintenance of Rs. 15000 to the mother and contribute in the care-taking of the children.
