A Minor Child Can Claim Maintenance from His Father for His Upbringing: A minor child is not bound by the maintenance settlement between parents; he can independently claim maintenance from his father for his upbringing. (Fateh Saharan vs Rohit Saharan 2022.Del.102) The Delhi high court while dealing with an appeal filed by a minor child against a decree of maintenance awarded by the family court at Rs15000 per month, observed that the maintenance which was fixed for the minor child by the family court of Rs5000 per month is not sufficient for him.
In a case of divorce by mutual consent, the respondent i.e. father held liable for not disclosing his income properly before the family court and an amount of Rs15000 had been fixed as maintenance which was insufficient in nature. The minor child of the respondent filed a petition before the Delhi High Court where the court observed that a minor child is not bound by the divorce settlement of maintenance which was settled between his parents and he is entitled to claim maintenance from his father for his upbringing.
Justice Vipin Sanghi and Justice Jasmeet Singh found it reasonable to enhance the maintenance and direct the respondent to pay Rs25000 per month as maintenance to the aggrieved minor child considering that his school fees itself was in that range.
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