The Delhi High Court recently ruled that children pursuing education are entitled to maintenance under the Hindu Marriage Act until they become financially independent.

A Division Bench of Justices Rajiv Shakdher and Amit Bansal emphasized that Section 26 of the Act is intended to provide maintenance for children's education, which does not necessarily end when a child turns 18. At 18, a child would typically have completed high school and would be looking to join a college or university for further studies.

The detailed judgment clarified that family courts do not become functus officio upon the withdrawal of a divorce petition and can still decide on applications filed under Sections 24 and 26 of the Hindu Marriage Act.

The Court's decision came while addressing cross-appeals by a husband and wife challenging a family court order that provided maintenance of ₹1.15 lakh per month to the wife and son, and ₹35,000 per month to the son until he turns 26 or becomes financially independent, whichever comes first. Additionally, the maintenance amount for the son would increase by 10% every two years.

The High Court granted several reliefs:

• The interim maintenance granted to the wife was increased from ₹1,15,000 to ₹1,45,000 per month, effective from the date of filing the enhancement application (February 28, 2009) until the husband withdrew the divorce petition (July 14, 2016).
• The husband is also required to pay interest at the rate of 12% per annum on any shortfall in the maintenance amount for the relevant period. The interest will be calculated from the time the deficit amount became due each month until it is paid.
• The arrears of maintenance for both the wife and the son, along with the interest, must be paid within eight weeks.

Senior Advocate YP Narula and advocate Ujas Kumar represented the husband, while advocate Anu Narula appeared for the wife

Case Title: PKJ v AJ