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Can Maintenance Be Claimed in Pune for a Child Who Has Turned 18 During Proceedings?

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(@Rohit jaat)
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[#3141]
Our divorce case before the Pune 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?

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(@advocate-mudit-pratap)
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A practical question that arises as divorce proceedings drag on is whether maintenance can be claimed in Pune for a child who has turned 18 during the proceedings, and the answer depends on the specific circumstances of the now-adult child. Maintenance can be claimed in Pune for a child who has turned 18 during proceedings where the child continues to be a genuine dependent, particularly where they are pursuing full-time education, since courts have recognised that turning eighteen does not automatically terminate a parent's obligation to support a child who remains a bona fide student without independent income.

To claim maintenance for a child who has turned 18 during proceedings in Pune, evidence of continued enrolment in education, the reasonable costs associated with that education, and the absence of independent income or earning capacity considerably strengthens the claim, since courts generally distinguish between a young adult genuinely continuing their studies and one who has become capable of self-support but chooses not to seek employment. Where the child has a disability that genuinely prevents self-sufficiency even after turning eighteen, maintenance obligations can continue indefinitely based on this specific circumstance, recognised separately from the general education-based extension.

It is worth understanding that once a child turns eighteen and is not pursuing education or otherwise dependent due to disability, the parent's maintenance obligation specifically toward that child generally ends, even though the underlying divorce and other ancillary matters between the spouses continue, meaning maintenance claims need to be reassessed and reframed as children individually reach this milestone during what can sometimes be lengthy divorce proceedings. Properly updating the court on such changes in circumstances, rather than allowing outdated assumptions to persist in ongoing applications, ensures the maintenance framework accurately reflects the family's actual current needs.

Given how much these determinations depend on the child's specific educational or dependency status at the relevant time, careful, updated presentation of these facts to the court matters considerably. Our legal experts at Aapka Legal Advice include retired judges who can advise on how to properly frame a maintenance claim for a child who has turned eighteen during your proceedings. Our Divorce Lawyers in Pune | Aapka Legal Advice regularly handle these evolving maintenance questions in ongoing Pune matrimonial matters.

In conclusion, maintenance can indeed be claimed in Pune for a child who has turned 18 during proceedings where they remain a genuine dependent, whether through continued education or disability, making updated, accurate evidence of the child's current status essential to this claim.


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