Case Note & Summary
The petitioner, Uma Ashish Ghate, mother of minor son Master Dhruva, filed a writ petition challenging the order dated 10/09/2015 passed by the Principal Judge, Family Court No.1, Pune, rejecting her application under Section 26 of the Hindu Marriage Act, 1955 for educational expenses of her son. The petitioner submitted that Master Dhruva was in her custody and studying in 6th standard at Vigbyor High School, requiring Rs.1,39,750/- as school fees and Rs.18,000/- for co-curricular activities. The Family Court had earlier granted interim maintenance of Rs.5,000/- per month, which was insufficient to cover these expenses. The Family Court rejected the application solely on the ground that the petitioner changed the school from Bharatiya Vidya Bhavan School to Vigbyor High School without the knowledge and consent of the respondent-father. The petitioner contended that the change was made with the respondent's consent, as evidenced by the enrollment form. The High Court, after hearing both parties, held that the welfare of the child is paramount and the father cannot avoid liability merely because the mother changed the school. The court noted that the enrollment form showed the father's signature, indicating consent. Even otherwise, the father's obligation to maintain the child includes educational expenses. The court allowed the petition, set aside the Family Court's order, and directed the respondent to pay Rs.1,39,750/- towards school fees and Rs.18,000/- towards co-curricular activities within four weeks.
Headnote
A) Hindu Marriage Act - Section 26 - Educational Expenses of Minor Child - Welfare of Child - The Family Court rejected the mother's application for educational expenses of the minor son on the ground that she changed the school without the father's consent. The High Court held that the welfare of the child is paramount and the father cannot escape liability merely because the mother changed the school. The court directed the father to pay Rs.1,39,750/- towards school fees and Rs.18,000/- towards co-curricular activities. (Paras 3-8) B) Hindu Marriage Act - Section 26 - Maintenance - Change of School - Consent of Father - The court observed that the mother had changed the school with the father's consent, as evidenced by the enrollment form. Even otherwise, the father's obligation to maintain the child includes educational expenses, and the child's welfare cannot be compromised by lack of consent. (Paras 6-7)
Issue of Consideration
Whether the Family Court was justified in rejecting the mother's application for educational expenses of the minor son solely on the ground that she changed the school without the father's consent, and whether the father is liable to pay such expenses under Section 26 of the Hindu Marriage Act, 1955.
Final Decision
The High Court allowed the writ petition, set aside the order dated 10/09/2015 passed by the Family Court, and directed the respondent-father to pay Rs.1,39,750/- towards school fees and Rs.18,000/- towards co-curricular activities of Master Dhruva within four weeks.
Law Points
- Section 26 of Hindu Marriage Act
- 1955
- welfare of child
- educational expenses
- maintenance
- change of school
- consent of father
