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The division bench of Justices Vivek Singh Thakur and Sushil Kukreja observed that while the law may not compel such payments, moral obligation does.
Court made the observation while partly allowing a plea by two sibling seeking enhancement of maintenance from their father. Representational image
Holding that a father’s responsibility toward his children extends beyond statutory limits, the Himachal Pradesh High Court has said that even if a father continues paying maintenance after his children attain majority, he cannot demand a refund or adjustment of the amount.
The division bench of Justices Vivek Singh Thakur and Sushil Kukreja observed that while the law may not compel such payments, moral obligation does, especially when the children are still pursuing their education.
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Court made the observation while partly allowing a plea by two sibling seeking enhancement of maintenance from their father, Vijay Kapur. The court said: “Even if he has no legal duty, he has a moral obligation and duty as a father to ensure maintenance to his children, particularly when they are at the verge of completing their education, as any order to refund the amount paid in excess to the children would hamper their future prospects.”
In a long-running maintenance dispute, in 2012, a judicial magistrate awarded Rs 2,000 per month each to the mother and the two children. The amount was later raised to Rs. 3,000 by an appellate court in 2015 and to Rs. 4,000 in a Lok Adalat in 2017. In 2018, the family again approached the court under Section 127 of the Code of Criminal Procedure (CrPC), seeking a further increase due to rising living costs.
In March 2024, the Family Court, Sarkaghat, enhanced the mother’s allowance to Rs 8,000 per month but rejected the children’s claim, holding that both had attained majority. Challenging this, the children moved the high court, arguing that they were still studying, the daughter pursuing a PhD in Palampur, and the son enrolled in B.Tech in Amritsar, and that they were financially dependent.
The high court noted that under Section 125 CrPC (and its new equivalent, Section 144 of the Bharatiya Nagarik Suraksha Sanhita), only minors or major children suffering from physical or mental disability are legally entitled to maintenance.
It held that while the daughter’s claim was rightly dismissed, the son was still a minor when the enhancement petition was filed in July 2018 and therefore entitled to an increased allowance till March 17, 2020, when he attained majority.
Accordingly, court directed the father to pay enhanced maintenance of Rs. 8,000 per month to his son for the period between July 2018 and March 2020, with arrears to be cleared by October 15, 2025.
However, the bench went further to protect payments made beyond legal entitlement. It ruled that any maintenance voluntarily paid after the children attained majority could neither be recovered nor adjusted against future dues, as doing so would adversely affect their academic and personal growth.
About the Author
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr…Read More
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr… Read More
October 06, 2025, 17:20 IST
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