| Our divorce case before the Chennai 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 continue to be claimed in Chennai for a child who turns 18 during divorce proceedings, since Indian courts, following well-established Supreme Court precedent, have consistently held that a child's right to maintenance does not automatically terminate at the age of majority if the child is still pursuing education or is unable to maintain themselves.
Under Section 125 CrPC/BNSS and personal law provisions, unmarried daughters are entitled to maintenance until marriage regardless of age, while sons may continue receiving support until they complete their education or become financially independent, provided this is specifically pleaded and proven before the court.
Chennai Family Courts assess the child's ongoing educational status, financial dependence, and any disability when deciding whether to extend maintenance beyond 18, often requiring proof of enrolment in a recognised course or institution to justify continued support.
Given that maintenance orders can lapse if not properly addressed at this transition point, it is essential to raise this issue proactively rather than assuming automatic continuation. Reaching out via Aapka Legal Advice can help you secure uninterrupted maintenance for your child.
Because the rules differ depending on the child's gender, education, and personal law applicable, obtaining a second opinion from a retired judge on how to frame this claim can strengthen your position. Experienced divorce lawyers and retired judges are available through Aapka Legal Advice's Chennai divorce lawyer directory.
In conclusion, maintenance can indeed continue to be claimed in Chennai for a child who turns 18 during proceedings, provided their educational or dependent status is properly established before the Family Court.
