The Delhi High Court remarked that a divorced man has to financially support his children even after they attain the age of 18, noting that the entire burden of bearing the expenses of education cannot fall entirely on the mother.
‘Equal duty’
“A father has an equal duty to provide for his children and there cannot be a situation wherein it is only the mother who has to bear the burden of expenses for raising and educating the children,” Justice Subramonium Prasad said.
The court made the remarks while rejecting a plea by a man against an earlier order of the High Court directing him to support his son, who is residing with his mother, with a sum of ₹15,000 per month till he completes his graduation or starts earning, whichever is earlier.
Justice Prasad noted that the court cannot shut its eyes to the reality that simply attaining majority does not translate into the understanding that the major son is earning sufficiently.
“A father is bound to compensate the wife who, after spending on children, may hardly be left with anything to maintain herself,” the High Court said.