Himachal Pradesh High Court Rules on Maintenance for Children Post-Majority
Court Upholds Maintenance for Minor Son, Denies for Major Daughter under Section 125 Cr.P.C.
In a notable ruling, the Himachal Pradesh High Court has adjudicated on the contentious issue of maintenance for children post-majority, emphasizing the constraints under Section 125 of the Criminal Procedure Code, now reflected in Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The division bench, comprising Justices Vivek Singh Thakur and Sushil Kukreja, delivered the judgment on September 12, 2025, in the case of Rishita Kapur v. Vijay Kapur.
The petitioners, Rishita Kapur and Suchet Kapur, children of Vijay Kapur, sought an enhancement of their maintenance allowances. Despite their educational pursuits-Rishita's Ph.D. and Suchet's B.Tech-financial constraints threatened to disrupt their studies. However, the court maintained that once children attain majority, the statutory provision under Section 125 Cr.P.C. does not extend maintenance to them unless they suffer from physical or mental impairments.
In this case, Rishita Kapur, who reached majority in 2016, was denied maintenance as per the statutory guidelines. Her brother, Suchet, however, was entitled to maintenance until his majority in March 2020. The court corrected a previous oversight, granting him enhanced maintenance from July 2018 to March 2020, aligning with his minority status during that period.
The court further highlighted the moral obligation of parents, particularly fathers, to support their children beyond legal stipulations, especially when they are completing their education. It clarified that any maintenance paid post-majority should not be reclaimed by the father, acknowledging the father's moral duty to ensure the children's educational prospects are not hampered.
This ruling delineates the legal and moral responsibilities concerning maintenance, balancing statutory limitations with familial obligations. It emphasizes the court's role in interpreting maintenance laws amidst evolving familial and societal contexts.
Bottom Line:
Section 125 Cr.P.C. (now Section 144 of Bharatiya Nagarik Suraksha Sanhita) does not provide for maintenance to a major daughter, even if she is unmarried. However, a minor child is entitled to maintenance, and enhanced maintenance can be awarded until the child attains majority.
Statutory provision(s): Section 125 Cr.P.C. (now Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023), Section 26 of the Hindu Marriage Act, 1955, Section 20 of the Hindu Adoptions and Maintenance Act, 1956.
Rishita Kapur v. Vijay Kapur, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2777870
