The Delhi High Court recently ruled that children pursuing education are entitled to maintenance under the Hindu Marriage Act until they achieve financial independence.

A Division Bench comprising Justices Rajiv Shakdher and Amit Bansal ruled that the purpose of Section 26 of the Hindu Marriage Act is to ensure maintenance for the education of children, which extends beyond the age of 18 years.

"In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he attains the age of majority, till the time he is pursuing his education and is not financially independent," the Court held.

The Bench noted that by the age of 18, a child would typically have completed high school (Class 12) and would be seeking to join a college or university for further studies.

In a detailed judgment, the Court also held that the family court does not become functus officio after the withdrawal of a divorce petition. It can still decide applications filed under Sections 24 and 26 of the Hindu Marriage Act even after the petition's withdrawal.

The Court rendered the decision while addressing cross-appeals filed by a husband and wife challenging a family court order. The order provided maintenance of ₹1.15 lakh per month to the wife and son, and ₹35,000 per month to the son until he reaches the age of 26 or becomes financially independent, whichever occurs first. The family court further stipulated that the ₹35,000 monthly maintenance for the son would be subject to a 10% increase every two years.

After hearing the case, the High Court granted the following reliefs:

- The wife's plea was allowed to the extent that the interim maintenance granted to her under Section 24 of the HMA was increased from ₹1,15,000 to ₹1,45,000 per month, effective from the date of filing the enhancement application on February 28, 2009, until the husband's withdrawal of the divorce petition on July 14, 2016.

- The husband is also liable to pay interest at the rate of 12% per annum on the shortfall in the maintenance amount for the concerned period. The interest shall be calculated on the deficit amount from the time it became due each month until it is paid.

The arrears of maintenance to both the wife and the son, along with the interest, shall be paid within eight weeks.