MP High Court: Father Cannot Deny Adequate Maintenance to Daughter by Citing Son’s Education Expenses

The Madhya Pradesh High Court has ruled that a father cannot reduce or deny proper maintenance to his wife and minor daughter merely because he is spending substantial amounts on the education of his adult son. Emphasising that maintenance is a legal entitlement and not an act of generosity, the Court observed that it includes the right to live with dignity and access basic educational needs.

The case arose when a wife and her minor daughter challenged a Family Court order that awarded them monthly maintenance of ₹5,000 and ₹2,000 respectively. They argued that the amount was insufficient considering the husband’s financial capacity and the daughter’s educational requirements. The husband, a government school teacher, contended that he was already spending more than ₹5 lakh annually on his son’s engineering studies and was also supporting his elderly parents.

Examining the record, the High Court noted that the husband earned a net monthly salary of approximately ₹73,000 and possessed adequate means to provide better support. The Court found that the Family Court had failed to properly assess the daughter’s educational and personal needs. It stressed that expenses incurred on a major son’s higher education cannot be used as a justification for neglecting the rights of a minor daughter.

Observing that children pursuing school education should not be left dependent on parental discretion, the Court enhanced the maintenance to ₹7,500 per month for the wife and ₹10,000 per month for the daughter. The judgment reinforces the principle that financial responsibilities towards dependants must be discharged fairly and without discrimination between children.