Whether a person can be ordered to pay maintenance to an adult son who is physically disabled and unable to maintain himself?

Question: Whether a person can be ordered to pay maintenance to an adult son who is physically disabled and unable to maintain himself? [RJS, 1991]

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Answer

Maintenance general meaning is keeping something in good condition. Maintenance in legal meaning is money (alimony) that someone must pay regularly to a former wife, husband, or partner, especially when they have had children together. It is the duty of every person to maintain his wife, children, and aged parents, who are not able to live on their own.

Section 125 of CrPC deals with the order of maintenance of wives, children, and parents.

According to Section 125(1)(c), if a person (having sufficient means) neglects or refuses to maintain his child (son or daughter) he is entitled to be maintained even if he is major and is unable to maintain himself due to physical or mental abnormality or injury.

In the case of T.Vimala v. S.Ramakrishnan, Crl. R.C.(MD) No.180 of 2014, The Madras High Court Bench held that fathers are liable to pay maintenance to children who had attained majority even if the latter were not suffering from any mental or physical abnormalities and yet do not have sufficient financial capacity to maintain themselves.

Children who become major and do not suffer from any disability can also claim maintenance from their fathers like children under the age of 18. They can get educational expenses as well under section 125 of the CrPC. in the state.

Hence, in view of the above provision, it can be said that a person can be ordered to pay maintenance to an adult (major) son who is physically disabled and unable to maintain himself if the person so ordered has sufficient means to maintain the adult son.

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