The Bombay High Court's Nagpur bench ruled that both parents should be equally responsible for their children's educational expenses after an eighteen-year-old approached the court as the boy was having difficulty paying fees at IIT Dhanbad, where he has secured admission in the mechanical branch.
The bench also ruled that "children must be the first priority of a parent in the matter of maintenance," rejecting the father's claim that he is unable to raise the maintenance amount because he must care for his elderly mother, divorced sister, and her daughter.
Before the petitioner's birth in 2001, his parents had separated, and he has been residing with mother. But because both of his parents are teachers, and each earns more than Rs 48,000 it is their duty for sharing their son's maintenance and education expenses.
"Even if it is assumed for the sake of argument that the father has other dependents, the child must be his first priority in terms of maintenance." If he fails to share the maintenance and expenses, the mother will be forced to bear an unnecessary burden," said a division bench comprised of Justice Atul Chandurkar and Justice GN Sanap.
The court ordered the father to increase the monthly maintenance to Rs 7,500 from Rs 5,000, before this the petitioner’s mother had the burden and his upbringing with meagre salary.