Ahmedabad: Gujarat High Court has made it clear that a parent is liable to look after a son till he turns 18 and starts earning.
A parent is liable to maintain an unmarried daughter even if she attains majority and also liable to get her married, ruled the High Court. Although, a son can’t enjoy the same provision. A father or mother is not responsible to pay maintenance to a son once he turns 18 if he is not mentally or physically unfit, says Section 125 of Criminal Procedure.
The case which led to the decision was a divorce petition involving Dr. Dinesh Oza and his wife Nita. The doctor drew the wife out of the home in 2006 and she lodged an FIR at the Satellite police. The doctor then filed a divorce petition in Mehsana. Nita filed for maintenance in family court. The court directed the doctor to pay Nita and her son.
The second round of litigation saw the court ordering the doctor to pay an increased amount to his son till he turn 18 years. In October 2013, the wife moved the family court when she saw that her husband had stopped paying because his son had turned 18 year old. In addition to asking the doctor to deposit Rs 78,000 as arrears, the family court asked Nita to move the high court for explaining on whether the doctor should continue to pay after his son turns 18 years.
At the high court, Nita’s lawyer argued that the doctor was liable to pay till he starts earning. Dakshesh Mehta, the doctor’s lawyer cited the law which says that a parent is liable to maintain a son till he turns 18. Justice JB Pardiwala, after hearing the case ruled that he cannot accept the provisions made to maintain daughters for maintenance of a son. He said the father can stop paying maintenance to the son as there is no law that directs a parent to give maintenance to a son once he turns 18.
