NAVEEN NANGIA Vs. CHITRA GAUBA NANGIA

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the order dated 27.09.2013, passed by the learned Family Court, Saket, New Delhi whereby the learned Family Court has disposed of two applications preferred by the respondents, i.e., one under Section 24 and the other under Section 26 of the Hindu Marriage Act, 1955.

(2.) WHILE addressing arguments in support of the present appeal, learned counsel for the appellant has confined his arguments to the very ineligibility of the minor son for the grant of maintenance after his attaining the age of majority. Contention raised by the learned counsel for the appellant is that the minor son namely - Shlok was born out of the wedlock of the parties on 2nd September 1996 and thus he had attained majority on 1st September 2014 and therefore, after having attained the age of majority, the minor child is not entitled for the grant of maintenance in terms of Section 26 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'HMA'). No other arguments were addressed by learned counsel for the appellant on the other contentions raised in the present appeal. The aforesaid contention has been strongly refuted by the learned counsel for the respondents who submits that even after the child attains the age of majority, he would still be entitled to the grant of maintenance as the father cannot shirk his responsibility to maintain his child. The contention raised by the learned counsel for the respondents is that the son is just 18 years of age and for his day to day requirements and educational expenses, he is equally dependent upon the appellant and he cannot throw this responsibility wholly on the frail shoulders of his mother. Counsel also submits that so long as the child does not attain the economic independence so as to earn livelihood, it is the obligation of the father to take care of all his expenses. In support of his arguments, the learned counsel for the respondents placed reliance on the following judgments: -

(3.) BY the aforesaid common order passed by the learned Family Court a sum of Rs. 10, 000/ - was awarded as maintenance to the minor child from the date of filing of the petition i.e. 29.3.2011 till the date he attains the age of majority. The learned Family Court had also awarded a sum of Rs. 15,000/ - to the respondent wife towards litigation expenses.