Not until 18 years of age, but a father to bear the expenses of his son till he gets his first degree: Supreme Court
Friyana Munshi
New Delhi, March 5, 2021: During the hearing of a case on Thursday, the Supreme Court said that the father will have to bear the expenses of the son not only till the age of 18 but till he receives his first degree. The Supreme Court also said that graduation is now considered basic education.
Justices Dhananjaya Y Chandrachud and MR Shah directed a man to pay for the education of his son till 31 March 2027. The court said that the child needs financial support till he completes his graduation.
Making a slight change in the order of the family court, the court said, “In today’s time, when you get a basic degree after completing college, it is not enough to give money to a son till he attains the age of 18 years. You should bear the cost of his studies at least till he gets a college degree. ‘
In September 2017, the family court ordered the person to pay a living allowance of Rs 20,000 to his son every month. The person married for the first time in 1999. He has a son from this marriage. The man had divorced his wife in 2005.
This person is an employee of the Health Department of the Government of Karnataka. After the divorce with his wife in 2005, the Family Court of Karnataka ordered him to pay Rs 20,000 to his son every month. The man appealed in the High Court against this order. The High Court also upheld the order of the Family Court.
After this, the person filed a petition in the Supreme Court, saying that he gets a salary of 21 thousand rupees every month and since he has a second marriage, from which he has two children, in such a situation, if he were to give 20 thousand rupees to the son from the first marriage, it would become difficult for him.
The man’s lawyer also argued in court that he had divorced his first wife because she was in a relationship with someone else. However, the court immediately rejected the argument, stating that the child cannot be punished for this. The court questioned what it had to do with the child and further stated “When you got married again, you should have known that you already have a son who you have to take care of.”
Advocate Gaurav Aggarwal, appearing in court on behalf of the child and his mother said that the child’s father may give a smaller amount every month, but he should continue to give this amount till his son’s graduation.
Justifying this suggestion, the bench reduced the amount of alimony to Rs 10 thousand per month. The court also said that the person will have to increase this amount by Rs 1000 every financial year.
