'Maintenance For Autistic Child Cannot Automatically Stop At 18 Yrs, Must Continue Till Child Is Capable To Earn': Chhattisgarh High Court
The Chhattisgarh High Court has held that mere attainment of majority cannot, by itself, result in automatic cessation of the right to receive maintenance in the case of a child suffering from a physical or mental abnormality or disability and unable to maintain himself. The Court observed that the relevant consideration would be whether, after attaining majority, such person is capable of maintaining himself and earning his livelihood.
Chief Justice Ramesh Sinha was hearing a criminal revision filed under Section 19(4) of the Family Courts Act, 1984, challenging the order of the Family Court, Durg, which had directed the applicant's father to pay maintenance of Rs.7,000/- per month under Section 125 of the CrPC, only till he attained majority. The applicant was suffering from Autism Spectrum Disorder and Speech Disorder and required specialised education, continuous care and medical attention.
The applicant contended that, considering his Autism Spectrum Disorder and Speech Disorder, his requirement of care and financial assistance may continue even after attaining majority. It was submitted that he was entitled to receive maintenance so long as he remained unable to maintain himself on account of his physical or mental condition. The applicant also sought enhancement of the maintenance amount.
On the issue of the quantum of maintenance awarded, the Court did not find any patent illegality or perversity in the Family Court's determination of Rs.7,000/- per month. It observed:
“The determination of maintenance is essentially dependent upon the facts and circumstances of each case, including the needs of the claimant and the financial capacity of the person liable to maintain him… this Court does not find any such patent illegality or perversity in the determination of the quantum of maintenance by the learned Family Court so as to warrant interference in the revisional jurisdiction…”
However, the Court found substance in the objection against the award of maintenance only till the applicant attained majority. It noted that the material available on record indicates that the applicant may require continued care, assistance and support even after attaining the age of majority.
“The mere attainment of the age of majority cannot, by itself, be treated as a circumstance resulting in the automatic cessation of the right to receive maintenance in the case of a child who is suffering from a physical or mental abnormality or disability and is unable to maintain himself,” the Court remarked.
The Court clarified that the relevant consideration would be whether, after attaining majority, such person is capable of maintaining himself and earning his livelihood, emphasizing that the age of the applicant cannot be the sole determining factor for discontinuance of maintenance.
Hence, the Court held that the Family Court was not justified in pre-determining that the maintenance awarded would automatically come to an end upon the applicant attaining majority, noting that the same can be considered only based on the circumstances and evidence available at the relevant point of time.
The Court therefore set aside the condition restricting maintenance only till the applicant attained majority.
Accordingly, the Court partly allowed the criminal revision. It directed that the amount would continue to be paid even after the applicant attained majority, unless it was established that the applicant had become capable of maintaining himself and earning his livelihood.
Case Title: Raghav Lahre v. Bharat Lahre [CRR No. 1046 of 2026]