| Our divorce case before the Bengaluru Family Court has been pending for several years. My child, for whom I was claiming maintenance, has now turned 18. Can I still continue to claim maintenance for the child and does the obligation change once the child becomes a major? |
Yes, maintenance can still be claimed in Bengaluru for a child who has turned 18 during pending divorce or maintenance proceedings, particularly where the child is pursuing higher education, has a disability, or is otherwise unable to support themselves independently, since Indian courts have consistently extended the parental maintenance obligation beyond the age of majority in such circumstances. While Section 125 of the Code of Criminal Procedure (now reflected under the Bharatiya Nagarik Suraksha Sanhita, 2023) traditionally limited maintenance to minor children, courts have carved out important exceptions for children in genuine need.
If your child has turned 18 but remains a full-time student pursuing graduation, professional courses, or other higher education, Bengaluru family courts have shown willingness to continue maintenance orders to support reasonable educational expenses, recognising that financial dependency does not automatically end at the age of majority in Indian social and economic contexts. Similarly, if the child suffers from a physical or mental disability that prevents self-sufficiency, maintenance obligations can continue indefinitely, without any age limitation, under both statutory provisions and personal law principles.
To successfully claim maintenance for a child who has turned 18 during your divorce proceedings, you will need to present evidence of continued dependency, such as enrolment certificates from educational institutions, fee receipts, or medical documentation establishing disability and consequent inability to be self-supporting. The court will assess the paying parent's financial capacity alongside the child's genuine need before determining an appropriate continued maintenance amount.
Because this area of law involves an evolving body of judicial interpretation rather than a single clear statutory age cutoff, it is important to have your specific circumstances assessed by an experienced family law practitioner who stays updated on recent precedents. The team at Aapka Legal Advice can help you present the strongest possible case for continued maintenance for your child in the Bengaluru family court.
Given that the paying spouse may contest continued maintenance obligations once the child reaches majority, obtaining a second opinion from a retired judge on the strength of your claim, particularly regarding the educational or disability-based exception, can help you prepare a compelling and well-supported application. Bengaluru's experienced family law advocates and retired judges, listed at Best Bangalore Lawyers & Retired Judges | Aapka Legal Advice, regularly assist with these nuanced maintenance claims.
In summary, maintenance for a child who has turned 18 during proceedings in Bengaluru remains claimable in appropriate circumstances, particularly involving education or disability, and proper documentation significantly strengthens your position.
