A Division Bench of Justices Rajiv Shakdher and Amit Bansal ruled that the intent of Section 26 of the Hindu Marriage Act is to provide maintenance for the education of children and the education of a child does not get over upon the child attaining the age of 18 years.
“In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he attains the age of majority, till the time he is pursuing his education and is not financially independent,” the Court held.
The Bench said that at most, the child would have cleared his high school (Class 12) at the age of 18 years and would be looking to join a college/ university for further studies.
“It is only after completion of a college/ university degree and in some cases, completing a post-graduation/ professional degree, would the child be able to secure employment. In fact, it can safely be concluded that, in today’s competitive world, gainful employment may be feasible only after the child has pursued education beyond 18 years of age. It is in this context that Section 26 of the HMA [Hindu Marriage Act] provides that the Court may pass orders with respect to ‘education of minor children, consistently with their wishes, wherever possible’. Therefore, the scope of education in Section 26 of the HMA cannot be restricted only till the time the child attains the age of 18 years,” the Court said.
In a detailed judgement, the Court also held that the family court does not become functus officio after withdrawal of the divorce petition and it can decide applications filed under Sections 24 and 26 of the Hindu Marriage Act even after the withdrawal.
Source: Barandbench
