Are Parents Legally Obligated To Support Adult Children?

In India, parents are generally not legally obligated to support adult children unless certain conditions apply, such as the child being unable to financially support themselves due to physical or mental incapacity. While the law does not require parents to provide support once a child reaches adulthood, there are specific legal provisions under which parents may still be required to provide maintenance.

1. Legal Provisions Regarding Parental Support to Adult Children

a) Section 125 of the Criminal Procedure Code (CrPC)

Section 125 of the Criminal Procedure Code (CrPC) deals with the maintenance of family members, including children. This section primarily ensures that a wife, minor children, and parents receive financial support from their spouse/children when they are unable to maintain themselves.

• While minor children have an automatic right to claim maintenance, adult children can only claim maintenance if they are physically or mentally incapacitated and unable to support themselves. In such cases, the child can file a petition for maintenance from their parents under Section 125 CrPC.
• The court evaluates the financial capacity of the parents and the necessity of the child’s support based on the child’s inability to work or support themselves due to age or health reasons.

b) The Hindu Adoption and Maintenance Act, 1956

Under Section 20 of the Hindu Adoption and Maintenance Act, 1956, Hindu parents have a legal obligation to maintain their unmarried children, even after the age of 18, if the child is unable to maintain themselves. However, this primarily applies to unmarried children who cannot support themselves financially due to reasons like illness, disability, or lack of employment.

• If an adult child is mentally or physically handicapped, they may have a right to maintenance from their parents under this law, even if they are no longer minor.

c) Dependence Due to Disability

Physically or mentally disabled adult children can also claim maintenance from their parents if they are unable to support themselves due to their disability. The law recognizes that such children, irrespective of their age, are entitled to support from their parents as long as they are dependent due to their disability.

2. Circumstances When Parents May Be Obligated to Support Adult Children

Parents may be legally obligated to support adult children under the following circumstances:

• Physical or Mental Disability: If an adult child is physically or mentally incapacitated and cannot support themselves, the parents may be required to provide financial assistance. This can include cases where an adult child suffers from chronic illness, mental health issues, or other disabilities.
• Financial Dependence: If an adult child is unable to secure a livelihood due to unemployment, lack of education, or economic hardship, and they are dependent on their parents for support, they may seek maintenance. However, this is generally determined by the court on a case-by-case basis, considering the parents' financial capacity and the child's dependency.
• Incapacity to Earn: In cases where an adult child, despite being of working age, is unable to work or earn a livelihood due to special circumstances (such as a serious injury or prolonged illness), they may claim maintenance from their parents.

3. When Are Parents Not Obligated to Support Adult Children?

Parents are generally not obligated to support adult children who are:

• Capable of earning and self-sufficient.
• Married and have a spouse who can provide for their support.
• Able to earn a living and live independently.

Once a child becomes economically independent and capable of supporting themselves, the legal obligation for parents to provide financial support ceases, and the child cannot claim maintenance under Section 125 CrPC or the Hindu Adoption and Maintenance Act.

4. Enforcement and Judicial Oversight

If a claim for maintenance is made under Section 125 CrPC, the Family Court or Magistrate's Court will assess the following:

• The parent's ability to pay maintenance.
• The extent of the child’s dependency, including medical evidence (in the case of disability or incapacity).
• Whether the child is genuinely unable to support themselves due to valid reasons like illness or disability.

The court has the discretion to order monthly maintenance payments from the parent, based on the financial circumstances of both parties.

Example

Consider a situation where an adult son, aged 25, suffers from a chronic illness and is unable to work. The son can file for maintenance under Section 125 CrPC if he is financially dependent on his parents. The court will assess his medical condition and his parents’ ability to pay for his support. If the court finds his claim valid, it may order the parents to provide financial support.

Conclusion

In India, parents are generally not legally obligated to support adult children unless the children are incapacitated due to physical or mental disability or are financially dependent on the parents due to other circumstances. Under Section 125 CrPC and the Hindu Adoption and Maintenance Act, adult children who are unable to support themselves can claim maintenance. However, the obligation to provide support typically applies when the child is incapable of earning a livelihood and requires assistance due to illness or disability.