MP High Court Directs Father To Pay Over ₹46 Lakh Towards Daughters' Education In Maintenance Case, Calls It His Obligation

The Madhya Pradesh High Court has enhanced the maintenance of the two daughters, emphasising that a father is obligated to provide for the education expenses of his daughters. Highlighting that women's empowerment should not remain on paper, the bench of Justice Gajendra Singh highlighted:"Father is obliged to provide the education to daughter also. Woman empowerment does not remain on paper it requires implementation and the father is having sufficient income and cannot deprive the girl children from providing the educational expenses". A criminal revision was filed by a mother and her two daughters, challenging the Family Court order granting ₹6,000 in maintenance to the mother and ₹3,000 to each daughter under Section 125 CrPC. The marriage was solemnised on April 16, 2000, out of which two daughters were born: the first in October 2001 and the second in March, 2003. The maintenance application was filed in 2018, claiming that the husband was earning ₹12 lakh per month and therefore sought maintenance of ₹1,00,000 each for the mother and elder daughter, and ₹6,50,000 for the education expenses of the second daughter. The father opposed the application, claiming that the mother lived in the house built by him at a cost of ₹50 lakh. He claimed that he was facing economic hardship and had lost his earning capacity due to a hostile atmosphere and false complaints. He submitted that he had filed for divorce when it was impossible to reside with petitioner no 1 (his wife). He claimed to be in debt of ₹20 lakh. The Family Court noted that the husband earned 25,000 to 50,000 per month and therefore awarded the aforementioned amount to the petitioners. Challenging this order, a revision was filed by the petitioners claiming that the Family Court did not consider the expenses of higher studies of the daughters. Further, it was claimed that the Family Court failed to consider that the husband/father was trying to dispossess the petitioners of the house. The bench, from the record, noted that the elder daughter for admission in MD course for a medical doctor and the younger daughter got admission in Manipal University for B. Tech. The bench noted that the Family Court failed to consider the expenses of the daughters' higher studies. The bench held that a father is obligated to fund the educational expenses of his daughters also. The bench emphasizing the women's empowerment cannot remain on paper, held that the father having sufficient income should not deprive the girl child by not providing educational expenses. The bench therefore enhanced the maintenance of the daughter, while rejecting the mother's prayer for enhancement. Thus, it directed; "Accordingly, the respondent has to pay total amount of Rs.26,69,600/-+Rs.19,56,600/-=Rs.46,26,200/- Rs.26,69,600/-+Rs.19,56,600/-=Rs.46,26,200/- towards the educational expenses incurred... within a period of four months from the date of this order. In case of failure to pay the aforesaid amount within the stipulated period of four months, an interest @6% per annum shall be applicable. The amount already paid shall be adjusted". Case Title: Smt Savita v Deepak, CRR-1560-2022For Petitioners: Advocate Vishal Sharma For Respondent: Advocate Padmnabh SaxenaClick here to read/download the Order

MP High Court Directs Father To Pay Over ₹46 Lakh Towards Daughters' Education In Maintenance Case, Calls It His Obligation

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MP High Court Directs Father To Pay Over ₹46 Lakh Towards Daughters' Education In Maintenance Case, Calls It His Obligation

Jayanti Pahwa

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