Court Modifies Family Court's Order to Ensure Ongoing Support for Autism and Speech Disorder Affected Child
In a significant judgment, the Chhattisgarh High Court has ruled that a child suffering from Autism Spectrum Disorder and Speech Disorder is entitled to maintenance from the non-custodial parent even after reaching the age of majority. This decision modifies an earlier order by the Family Court, which had restricted maintenance to the period before the child became an adult.
Presiding over the case, Chief Justice Ramesh Sinha delivered the judgment on August 24, 2026, in response to a criminal revision petition filed by Raghav Lahre, who challenged the Family Court's decision. The Family Court had originally ordered Bharat Lahre, the non-applicant, to pay a monthly maintenance of Rs. 7,000 to his son Raghav until he turned 18, despite the son's ongoing disabilities.
The High Court found merit in the petitioner's argument that the need for financial support due to mental and physical disabilities does not cease upon attaining majority. The court emphasized that a child's right to maintenance should be evaluated based on their ability to sustain themselves, which in this case, is hindered by ongoing health issues.
The court also addressed the quantum of maintenance, concluding that the Family Court had appropriately determined the amount based on the evidence presented. However, it underscored that the maintenance should not automatically cease when the child reaches adulthood if the disability persists, thus requiring continued support.
The judgment mandates that Bharat Lahre continue to pay the maintenance amount until it can be proven that Raghav has become self-sufficient. This ruling not only provides immediate relief to Raghav but also sets a precedent for similar cases, ensuring that children with disabilities receive necessary support beyond the age of majority.
The case highlights the judicial system's role in safeguarding the rights of individuals with disabilities, aligning with the principles of justice and equality.
Bottom Line :
Maintenance under Section 125 of Cr.P.C. - A child suffering from a mental or physical disability is entitled to maintenance even after attaining the age of majority, provided the disability renders them incapable of maintaining themselves.
Statutory provision(s): Section 125 of the Code of Criminal Procedure, 1973
Raghav Lahre v. Bharat Lahre, (Chhattisgarh) : Law Finder Doc id # 2967795
