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Maintance of progeny after attaining adulthood - Bombay HC

Allowing a petition, a division bench comprising of Sadhna S. Jadhav, J held that a son is entitled to maintenance from his father even after attaining the age of maturity. In the present case, the petitioner's parents were divorced and permanent custody of the child was given to the mother. The petitioner had filed the application on the grounds that it is the obligation of the father to maintain him as he is studying and fully dependent upon his mother. The Counsel for the petitioner had argued that divorce between the parents should not disentitle the child from pursuing his further studies and making himself capable to earn a decent living. The Counsel placed reliance on the judgment of the Supreme Court in the case of Kirti Malhotra vs. M.K. Malhotra 1995 Supp (3) SCC 522 to demonstrate that the petitioner would be entitled to maintenance during the period he is seeking education. The father opposed the application on the ground that as the son had attained majority age he is no more liable to pay maintenance to him. The Court after going through the judgments and arguments placed before it ruled that major son of the well-educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority [Jayvardhan Sinh Chapotkat vs. Ajayveer Chapotkat, Civil Writ Petition No. 2117 of 2012, decided on April 8, 2014]

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