High Court holds both divorced parents responsible for child's education

High Court holds both divorced parents responsible for child's education

Boy moves court to seek maintenance from father

The Bombay High Court's Nagpur branch has unequivocally stated that taking care of their children's education expenses was the responsibility of both divorced parents.

The ruling came after an 18-year-old approached the court on finding it difficult to pay the fees at the Indian Institute of Technology (IIT), Dhanbad, where he secured admission in the mechanical branch.

The division bench dismissed the father's contention that he was unable to raise the maintenance amount, as he had the responsibility of looking after his aged mother, a divorced sister and her daughter. It held that "children must be the first priority of a parent in the matter of maintenance."

Comprising Justice Atul Chandurkar and Justice GN Sanap, the bench said, "Before the petitioner's birth in 2001, his parents had separated and (ever since) he has been residing with his mother. Both his parents are serving as teachers, each earning a salary of over Rs.48,000. It is, therefore, apparent that both are equally responsible to share the maintenance as well as the education expenses of their son."

"Even if it is assumed, for the sake of argument, that other persons are also dependent on the father, the child must be his first priority. If he fails to share the maintenance and expenses, then the mother would be required to bear the unnecessary burden," the Court added.

It asked the father to enhance the monthly maintenance to Rs.7,500 from Rs.5,000, with effect from 27 October 2015, the date on which the student had filed the plea.

The boy, scoring 93 per cent in Grade 10, had moved the High Court after finding it difficult to pay the fees of the course at IIT Dhanbad. While the mother shouldered his education and other expenses, his father paid him Rs.5,000 a month, as fixed by the court.

The petitioner had prayed for enhancing the maintenance to Rs.15,000.

His parents were granted a divorce on 21 July 2009, through mutual consent.