A minor child is entitled to claim maintenance from his father for upbringing, according to the Delhi High Court, and such a child is not bound by the divorce settlement regarding maintenance between his parents.
The High Court, in an order dated April 22, 2021, increased the maintenance amount and ordered the father to pay Rs. 25,000 per month to the minor, despite the fact that the minor’s school fees were in that range. Justices Vipin Sanghi and Jasmeet Singh were hearing an appeal filed by a minor child who had been harmed by the Family Court’s grant of an interim order for Rs. 15,000 per month.
“It goes without saying that the appellant, being a minor, is not bound by that settlement, and he is entitled to claim maintenance for himself for his upbringing from the respondent, i.e., his father,” the Court said, noting that when the mother of the minor child obtained divorce by mutual consent, the child’s maintenance was set at Rs. 5,000 per month.
The lawyer for the minor child had vehemently contested the father’s affidavit, claiming that he had purposefully misstated facts in front of the court.
The appellant claimed that the father had not accurately disclosed his income in his income tax returns and that he had been deriving rental income from a property, which was separate from the agricultural income.
The Court, therefore, dismissed the appeal, ordering the respondent father to continue to pay Rs. 25,000 per month to the minor child until the child’s petition is resolved, or until the Family Court issues further orders.
“The appellant’s right to seek further enhancement, even if only in the interim, is preserved. The parties should not seek adjournments, and the learned Family Court should not grant any undue adjournments to either of them, and we request that the learned Family Court dispose of the petition pending before it under Section 20 of the Hindu Adoptions and Maintenance Act, 1956, within the next year “Added the Court.