HC: Divorced parents equally responsible for child’s edu expenses

HC: Divorced parents equally responsible for child’s edu expenses

Vaibhav.Ganjapure@timesgroup.com

Nagpur:25.10.2021

Both parents should be equally responsible for taking care of their children’s education expenses, ruled the Nagpur bench of Bombay high court after an 18-year-old approached it, as he was finding it difficult to pay fees at IIT Dhanbad, where he secured admission in the mechanical branch.

Dismissing the father’s contention that he is unable to raise the maintenance amount, as he has to look after his old mother, divorced sister and her daughter, the bench also held that “children must be the first priority of a parent in the matter of maintenance”.

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

“Even if it is assumed that there are some other persons dependent on the father, the child must be his first priority in the matter of maintenance. If he fails to share the maintenance and expenses, then the mother would be required to bear the unnecessary burden,” the bench added, while asking the father to enhance the monthly maintenance to ₹7,500 from ₹5,000, with effect from October 27, 2015, the date on which the student had filed the petition.

The youngster, a meritorious student scoring 93% in Class X examination, had moved the HC after he was finding it difficult to pay the fees at IIT Dhanbad. Till now, his expenses were shouldered by his mother, while his father used to pay him ₹5,000 a month. The petitioner had prayed for enhancing the maintenance to ₹15,000, so he could pay the college fees.

“Considering the fact that both parents are in service and having their own maintenance and responsibilities, the reasonable amount of maintenance is required to be quantified. As far as the education expenses are concerned, both parents shall share it equally. Both must devise a mechanism to obtain the statement of the education expenses and share the same,” the bench said.

Full report on www.toi.in