NEW DELHI: The Madhya Pradesh high court has held that a father's responsibility towards his children includes ensuring their education and directed him to pay more than Rs 46 lakh towards the educational expenses of his two daughters.
The order was passed by Justice Gajendra Singh while hearing a criminal revision petition filed by a mother and her two daughters challenging a Family Court order that had granted limited maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
The dispute arose after the wife and daughters approached the court seeking financial support. A Family Court had earlier awarded Rs 6,000 per month to the mother and Rs 3,000 each to the two daughters. The petitioners argued that the amount did not consider the expenses required for the daughters' higher education.
They had originally claimed Rs 1 lakh per month for the mother and Rs 50,000 per month each for the daughters, along with separate amounts for educational expenses.
During the proceedings, the high court noted that the younger daughter Tanisha had secured admission to an MD course at the Kyrgyz State Medical Academy, while elder daughter Tanvi had taken admission to a B.
Tech programme at Manipal University, Jaipur.
The father opposed the claim, stating he was facing financial difficulties and had liabilities. However, the court noted that his own balance sheet for 2016-17 disclosed an income of Rs 17,18,000, and that he was the Chairman of Shree Jee Graphics Computer Society Samiti and also ran Shree Jee Institute of Nursing Science in Mandsaur.
The court also observed that "income tax returns does not reflects the actual income" and must be assessed in light of surrounding circumstances.
The high court emphasised that "woman empowerment does not remain on paper, it requires implementation" and held that "the father is having sufficient income and cannot deprive the girl children from providing the educational expenses."
The court also noted that "father is obliged to provide the education to daughter also."
Noting that the Family Court had not considered the daughters educational expenses at all, the bench directed the father to pay a total of Rs 46,26,200 — comprising Rs 26,69,600 towards Tanisha's medical education and Rs 19,56,600 towards Tanvi's B. Tech expenses within four months.
The court also ordered that interest at 6 per cent per annum would apply if the payment was not made within the stipulated period.