Now Reading: Chhattisgarh High Court: maintenance for autistic child cannot stop at 18
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Chhattisgarh High Court: maintenance for autistic child cannot stop at 18
Chhattisgarh High Court: maintenance for autistic child cannot stop at 18
The Chhattisgarh High Court has ruled that maintenance for a child with autism or other disabilities cannot automatically stop when the child turns 18. Chief Justice Ramesh Sinha held that the key…
The Chhattisgarh High Court has ruled that maintenance for a child with autism or other disabilities cannot automatically stop when the child turns 18. Chief Justice Ramesh Sinha held that the key question is whether the child can maintain himself and earn a livelihood after majority, not simply his age.
The Court was hearing a revision against a Family Court order awarding Rs 7,000 per month maintenance under Section 125 CrPC only until the child, who has Autism Spectrum Disorder and Speech Disorder, attained majority. The High Court accepted the argument that the child needs continued care and financial assistance. It found no fault with the quantum but struck down the condition limiting maintenance to age 18.
The Court directed that the Rs 7,000 per month continue beyond majority unless the father proves the son has become capable of maintaining himself. The case is Raghav Lahre v. Bharat Lahre.
Indian Opinion Analysis
Section 125 CrPC lets courts order maintenance for a child beyond 18 if the child is unable to support themselves due to physical or mental disability. The Family Court's default cut-off at 18 had ignored the medical reality of autism spectrum disorder, which often requires lifelong support. Several high courts have taken a similar view, but this ruling from the Chhattisgarh High Court makes explicit that the father's obligation does not vanish at majority. The practical effect is that the mother or guardian must now file a fresh application if the father later claims the son can earn, shifting the burden of proof. The next battleground will likely be the quantum: Rs 7,000 per month for a child needing specialised schooling and speech therapy may be challenged before a higher bench.
Source: livelaw.in
This brief was synthesised by AI from the source linked above.
