Introduction
Under Section 125 of the Criminal Procedure Code, a person (usually the father or husband) must provide maintenance to his wife, minor children, or major children who cannot support themselves due to physical or mental abnormality.
In a recent ruling, the Himachal Pradesh High Court addressed whether a father can claim refund of maintenance once his children attain majority.
What Was The Case About?
A father (respondent) had paid maintenance to his two children over many years. The children (petitioners) claimed increases in maintenance even after one of them had become an adult. Later, the father sought refund of what he called “excess payments” made after their majority.
One daughter turned 18 in 2016. The son turned 18 in 2020. The children said financial difficulties might disrupt their studies.
Originally, the Judicial Magistrate fixed maintenance at ₹2,000 per child monthly. The Sessions Court raised it to ₹3,000. Later, a Lok Adalat increased it to ₹4,000. In 2018, the children asked for further increase. The Family Court granted ₹8,000 maintenance to the wife, but rejected the children’s further claim, since one child was already over 18.
What Legal Issues Did The High Court Consider?
The High Court examined these key questions:
- Is a child entitled to maintenance under Section 125 after attaining majority, when not disabled?
- Can a father demand refund of maintenance paid after the child reaches majority?
- How do other laws, like the Hindu Adoptions and Maintenance Act, interact with Section 125 in such situations?
What Did The Court Say?
Maintenance after majority
The Court held that a child (whether legitimate or illegitimate) has the right to maintenance from the father before they become of age. After attaining majority, only those children who suffer from a physical or mental incapacity can continue to demand maintenance under Section 125. The Court emphasized that once a child is an adult and is capable of self-support, Section 125 no longer obliges the father to pay.
In this specific case, the daughter became an adult in 2016. Therefore, she had no legal ground to request further maintenance. The son, however, was still a minor when the enhancement was sought, so he could claim increased maintenance until 2020 when he turned adult.
The High Court rejected the father’s plea for refund of maintenance payments made. The Court reasoned that even if his legal duty ceased after majority (in case of no incapacity), he still bore a moral duty as a parent to provide for his children’s welfare, particularly during their education. The Court said ordering repayment would harm the future prospects of the children.
Even if some payments exceeded what was legally required, the father could not demand them back once made. The Court held that a refund order would interfere with the children’s interests.
Interaction With Other Laws
The Court noted that under the Hindu Adoptions and Maintenance Act, an unmarried daughter may claim support even after reaching majority. But that right does not extend under Section 125. Thus, Section 125 does not cover unmarried major daughters seeking maintenance.
The Court affirmed that the Family Court’s rejection of the daughter’s claim was appropriate. But the Court allowed the son’s entitlement to enhanced maintenance until majority, and denied the father’s refund claim.
So, the High Court upheld the Family Court’s decision.
The Bench (Justice Vivek Singh Thakur and Justice Sushil Kukreja) explained that a father has a moral obligation to support his children, especially in their educational phase. They said even if there is no legal duty on account of majority, withdrawing support (or demanding repayment) would disrupt children’s prospects.
Hence, they refused to allow the legal right of refund to overshadow the moral responsibility toward children.
What Does This Ruling Imply?
According to this decision:
- Legal obligation under Section 125 ends at majority for able-bodied children.
- Children with mental or physical disability may continue to receive maintenance even after majority.
- A father cannot recover maintenance already paid, even if paid beyond what was strictly required after majority.
- For unmarried daughters, although other statutes might allow maintenance after majority, Section 125 does not cover those claims.
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Conclusion
The Himachal Pradesh High Court ruled that once children reach adulthood and are not incapacitated, the father no longer owes legal maintenance under Section 125. Yet, he cannot seek refunds of payments already made, as he retains a moral duty toward his children. The Court refused the father’s plea for repayment.
