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Can major son can claim for maintenance from his father legally ?
16-Sep-2023 (In Family Law)
My age is 20 years old and now I'm a college student . My mother had filed maintenance case Under Section-125 cr.pc against my father and prayed for maintenance for herself and also for myself but after considering the fact that learned court had allowed for my mother's maintenance prayer but rejected my maintenance on the ground of majority . Now my father do not give any educational expensess for me or any other economical help and at this time my mother have difficult to pay my education's fees . If have any higher court judgement regarding the major son point so please help me or inform me as early as possible , How can I claim for maintenance or educational expensess from father . At present I have no source of income as well as my mother have no source of income . My mother fully depends on my father's maintenance . What should I do pls suggest me . ThanX and regards .
Dear client,
1. Son is entitled to maintenance from his father even after attaining his age of maturity.
2. Father is obliged to bare the expense of son education If mother cannot bare that expense .
3. As per citation [jayvardhan singh vs aayveer chapotkat] civil writ petition no.2117/2012 decided on 08.04.2014, it states " Major son of the well-educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority"
1. Son is entitled to maintenance from his father even after attaining his age of maturity.
2. Father is obliged to bare the expense of son education If mother cannot bare that expense .
3. As per citation [jayvardhan singh vs aayveer chapotkat] civil writ petition no.2117/2012 decided on 08.04.2014, it states " Major son of the well-educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority"
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the Madras High Court Bench here has held that fathers are liable to pay maintenance to children who had attained majority even if the latter were not suffering from any mental or physical abnormalities and yet do not have sufficient financial capacity to maintain themselves.
Children who become major and do not suffer from any disability can also claim maintenance from their fathers like children under the age of 18. They can get educational expenses as well under section 125 of the Cr.P.C. in the state.
The Madurai bench of the Madras high court passed an order in the T, Vimala and others versus S Ramakrishnan case taking note of section 20 of the Hindu Adoption and Maintenance Act, by Justice P. Devadass.
It was held that:
“Education is an important aspect in children’s life... No father is expected to bring up a criminal or a disorderly person. Section 125 is not just for food for life, it should also be for food for thought. Otherwise, so far as children are concerned, we will be doing violence to the very object of Section 125.”
Regards.
s.lakshmikanthan, Advocate, Madras High Court.
Children who become major and do not suffer from any disability can also claim maintenance from their fathers like children under the age of 18. They can get educational expenses as well under section 125 of the Cr.P.C. in the state.
The Madurai bench of the Madras high court passed an order in the T, Vimala and others versus S Ramakrishnan case taking note of section 20 of the Hindu Adoption and Maintenance Act, by Justice P. Devadass.
It was held that:
“Education is an important aspect in children’s life... No father is expected to bring up a criminal or a disorderly person. Section 125 is not just for food for life, it should also be for food for thought. Otherwise, so far as children are concerned, we will be doing violence to the very object of Section 125.”
Regards.
s.lakshmikanthan, Advocate, Madras High Court.
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Adv. S.Lakshmi Kanthan
Chennai | 25+ Answers
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Yes there are certain decisions favouring major sons preferably to meet educational expenses. Well I remember one judgment of Hon'ble Justice Devadass of Madras high court. Yu may refer vimala vs ramakrishnan.
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Adv. Archana Boopalan
Chennai | 25+ Answers
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