The Madhya Pradesh High Court has ruled that a father's duty 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.
Court Order Details
Justice Gajendra Singh passed the order while hearing a criminal revision petition filed by a mother and her two daughters. They challenged a Family Court order that had granted limited maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
Background of the Case
The wife and daughters had approached the court seeking financial support. A Family Court earlier awarded Rs 6,000 per month to the mother and Rs 3,000 each to the two daughters. The petitioners argued that this amount did not cover 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.
Daughters' Academic Pursuits
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 the elder daughter Tanvi had taken admission to a B.Tech programme at Manipal University, Jaipur.
Father's Opposition and Court's Observations
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. He was also the Chairman of Shree Jee Graphics Computer Society Samiti and ran Shree Jee Institute of Nursing Science in Mandsaur. The court observed that income tax returns do not reflect actual income and must be assessed in light of surrounding circumstances.
Emphasis on Women Empowerment
The high court emphasized 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."
Directive for Payment
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.
