A recurring question in Delhi's family courts: the son is nineteen and in his second year of college, the daughter is twenty-three and unmarried — must the father still pay? The answer depends on which statute is invoked, because the summary remedy under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC) and the personal-law remedies under the Hindu Marriage Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956 draw the line at different places. Choosing the right provision often decides whether an adult child's education is funded or not.
Three statutes, three lines
| Provision | Who is covered | Until when |
|---|---|---|
| Section 144 BNSS (old 125 CrPC) | Minor children, legitimate or illegitimate, married or not; adult children only if unable to maintain themselves due to physical or mental abnormality or injury | Majority, save the disability exception; a minor married daughter\'s claim can reach the father if her husband lacks means |
| Section 20, HAMA 1956 | Children and aged or infirm parents of a Hindu; specifically the unmarried daughter under Section 20(3) | Children until majority; the unmarried daughter for as long as she cannot maintain herself, including reasonable marriage expenses |
| Section 26, HMA 1955 | Children of a marriage under litigation in HMA proceedings | Orders for custody, maintenance and education of minor children, revisable from time to time |
The adult student problem
The hardest cases involve the able-bodied son who turns eighteen mid-litigation, still in school or college and earning nothing. The summary remedy under Section 144 BNSS ends for him at majority, because the provision\'s disability exception does not cover mere studenthood. But that is not the end of the law. Under Section 20 HAMA the obligation of a Hindu parent to maintain a child extends "so long as the child is a minor" — yet courts have consistently treated the realities of an adult child\'s education as relevant when fixing the quantum payable to the custodial mother, who continues to run the household in which the student lives. Where a direct claim is needed, the son may sue under personal law in the civil court; where the parents\' matrimonial case is pending, Section 26 HMA supports education-related orders while he is a minor and structured provision thereafter by agreement or settlement.
The unmarried daughter's fuller right
The unmarried daughter stands on stronger statutory footing than her brother. Section 20(3) HAMA obliges the parent to maintain her as long as she cannot maintain herself from her own earnings or property — with no age ceiling — and Section 3(b) of the Act defines her maintenance to include the reasonable expenses of, and incident to, her marriage. In practice this supports claims for living costs, education and a contribution to wedding expenses proportionate to the father\'s means and the family\'s standard of living. The claim is enforced by a civil suit or, where a matrimonial case supplies the platform, through negotiated terms in settlement.
Practical sequencing in Delhi
1. While children are minors
Claim under Section 144 BNSS or within the DV Act/HMA case; include school fees, transport, medical and extracurricular costs in the income-affidavit-backed computation.
2. Approaching majority
Anticipate the cut-off: seek continuation for the disabled child under 144(1)(c), and shift the able student\'s needs into the mother\'s claim or a HAMA suit.
3. Unmarried daughter
Plead Section 20(3) HAMA expressly; document education costs and, where relevant, marriage expenses with estimates consistent with the family\'s standing.
4. Settlement
In global settlements, cover adult children expressly — education milestones, professional courses and marriage contributions — so nothing is left to future litigation.
The statutes are gender-and-faith specific in places: HAMA applies to Hindus, while children of other communities look to their personal law and the general civil remedies. Nothing here substitutes advice on a specific family\'s facts, incomes and stage of litigation.
Frequently Asked Questions
Can a major son claim maintenance under Section 144 BNSS?
Only in a narrow case: Section 144(1)(c) covers a legitimate or illegitimate child who has attained majority but is unable to maintain itself by reason of a physical or mental abnormality or injury. A healthy adult son pursuing studies falls outside the summary remedy, though his mother's own claim can factor in household realities, and personal law may still oblige the father.
Does an unmarried adult daughter have a maintenance claim?
Yes. Under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, a Hindu father (and mother) must maintain an unmarried daughter so long as she is unable to maintain herself out of her own earnings or property. Her claim extends to the reasonable expenses of her marriage. The claim under HAMA is enforced through a civil proceeding, not the summary BNSS route.
What does Section 26 of the Hindu Marriage Act add?
In proceedings under the HMA — divorce, judicial separation, annulment — Section 26 empowers the court to pass orders for the custody, maintenance and education of minor children. It is tied to the matrimonial case between the parents, and courts routinely provide for school and college expenses as part of interim and final arrangements while the children remain minors, with personal-law claims taking over thereafter.
Do education expenses count within maintenance?
Yes. Maintenance is not bare subsistence: it includes reasonable education consistent with the family's standard of living. For minors this is uncontroversial; for adult children the source shifts to HAMA (and, for daughters, includes marriage expenses), and courts also recognise the caregiving parent's claim should reflect the reality that she is running a household in which the studying child lives.