After an eighteen-year-old approached the Bombay High Court’s Nagpur bench, saying he was having difficulty paying fees at IIT Dhanbad, where he had obtained admission in the mechanical branch, the court ordered that both parents should be equally accountable for their children’s education expenses.
The bench also concluded that “children must be a parent’s first priority in the question of support,” dismissing the father’s claim that he is unable to raise the maintenance amount because he must look after his elderly mother, divorced sister, and her daughter.
“Before the petitioner’s birth in 2001, his parents had separated, and he had been residing with mother,” a division bench comprising Justice Atul Chandurkar and Justice GN Sanap stated. As a result, it is clear that both parties bear equal responsibility for their son’s upkeep and education costs.”
Even if it is assumed, for the purpose of argument, that the father has other dependents, the child must be his top priority in terms of support. If he fails to share the maintenance and expenses, the mother will be forced to endure an undue burden,” the Court stated while instructing the father to increase the monthly support to Rs 7,500 from Rs 5,000, effective October 27, 2015, the date on which the student submitted the plea.
After struggling to pay the costs for his education at IIT Dhanbad, the lad, who scored 93 per cent in his Class 10th test, went to the High Court. His mother has always paid for his education and other expenditures, while his father used to pay him Rs 5,000 a month as a court-ordered stipend. The petitioner had requested that his support be increased to Rs 15,000 so that he could pay his college tuition.
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