In a significant ruling on Friday, the Himachal Pradesh High Court at Shimla partly allowed a revision plea filed by two siblings, Rishita and Suchet Kapur, who had sought enhanced maintenance from their father, Vijay Kapur. The court found that while the daughter was not legally entitled to claim maintenance after turning 18, the son was wrongly denied an increase during the period he was still a minor.
The division bench of Justice Vivek Singh Thakur and Justice Sushil Kukreja delivered the verdict on September 12, 2025, setting aside part of the Family Court’s order from Sarkaghat, Mandi.
Background
Rishita (born August 1998) is pursuing a Ph.D. in Palampur, while her younger brother Suchet (born March 2002) is studying B.Tech at Amritsar. The two had originally been granted ₹2,000 each per month as maintenance in 2012, which was gradually increased to ₹4,000 in 2017.
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In 2018, along with their mother Neelam Kumari, they sought a further enhancement under Section 127 of the Criminal Procedure Code, citing rising educational expenses and inflation. The Family Court, however, only increased the amount for their mother to ₹8,000, dismissing the siblings plea on the ground that they had crossed the age of 18.
Court's Observations
The High Court scrutinised the relevant legal provisions - Section 125 CrPC (now Section 144 of the new BNSS), Section 26 of the Hindu Marriage Act, and Section 20 of the Hindu Adoptions and Maintenance Act.
The law is clear, the bench observed,
"A father is obliged to maintain his children only until they attain majority, except when a child is unable to earn due to physical or mental disability."
It noted that Rishita had already turned 18 by the time the application for enhancement was filed in July 2018. However, Suchet was still a minor then and became an adult only in March 2020.
"The Family Court erred by rejecting Suchet's claim outright instead of granting him enhanced maintenance till the date he attained majority," the judges remarked.
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Decision
Accordingly, the bench ordered that Suchet must be paid maintenance at the enhanced rate of ₹8,000 per month from July 2, 2018, to March 17, 2020. Any arrears, if unpaid, must be cleared by Vijay Kapur on or before October 15, 2025.
At the same time, the judges rejected Rishita's plea for enhanced maintenance, holding that Section 125 CrPC does not provide for support to adult children unless they are disabled.
In a humane note, the court added that even if the father had voluntarily paid money to his adult children after they turned 18, he could not recover it back.
"A father has a moral duty, even if not a legal one, to support his children as they finish their education," the order said.
With this, the High Court partly allowed the siblings petition and disposed of all pending applications.
Case Title: Rishita Kapur and Another vs Vijay Kapur and Another
Case No.: Cr. Revision (FC) No. 49 of 2024
