Divorced parents equally responsible for maintenance and education expenses says Bombay HC

After failing to pay the college fees boy approaches HC with a petition for enhancement of maintenance

After an 18-year-old approached Nagpur bench of Bombay High Court for finding it difficult to pay fees at IIT Dhanbad in mechanical branch. The court ruled that both parents are responsible for taking care of their children’s education expenses. “It is seen that the petitioner, who happens to be a meritorious child has been made to face this unfortunate situation. Considering his plight and needs, he was constrained to knock the judiciary’s doors,” said the judge.

“Before the petitioner’s birth in 2001, his parents had separated and has been residing with mother. Both of his parents are serving as teachers and earning salary of over Rs 48,000. It is, therefore apparent that both are equally responsible to share maintenance as well as education expenses of their son,” said a division bench comprising Justice Atul Chandurkar and Justice GN Sanap. The bench further asked the father to enhance the monthly maintenance to Rs 7,500 from Rs 5,000 with effect from October 27, 2015 the date on which the petition was filed. For why should the mother bear the unnecessary burden if the father fails to share the maintenance and expenses.

On July 21,2009 through mutual consent the parents were granted divorce. The father being a teacher at a zilla parishad at school did not bother to maintain him nor took care of his well being while his mother had to shoulder all the responsibilities the petition said. The youngster who is an excellent student moved to HC praying for enhancement of maintenance to Rs 15000 so he could pay his fees.

The child should be the first priority in terms of maintenance. Even if there are other people dependent on the father. Since both parents are in service, both have their maintenance responsibilities and a reasonable amount is required to be quantified. The bench further concluded that both parents shall share the educational expenses equally.