Yes, under Indian law, the court can direct the husband to pay for the child’s school expenses as part of the child’s maintenance. Key legal provisions and principles: Section 125 of the Criminal Procedure Code (CrPC): A father is legally bound to maintain his minor child, including expenses for education, food, clothing, and medical needs. If he refuses, the mother or guardian can approach the Magistrate, who may direct the father to pay a monthly amount, including school fees. Hindu law (if applicable): Under the Hindu Adoption and Maintenance Act, 1956, a Hindu father is obligated to maintain his legitimate or illegitimate minor children. This includes education expenses. Guardian and Wards Act, 1890: In custody matters, courts can pass interim or final orders for maintenance of the child, including education costs, depending on the child's best interest. Family Courts Act, 1984: Family courts have jurisdiction to pass orders related to child custody, support, and education expenses. Important points: The amount depends on the father’s income and the child’s needs. Courts may consider the standard of living the child is used to. Even if the mother has income, the father’s duty does not end. Orders can be modified later based on change in circumstances. In summary, yes, Indian courts can and do direct the father to pay for school fees and other educational expenses as part of the child's right to maintenance.

Dear Client, Yes a court does in fact order a husband to pay for a child’s school in some cases. Also under Indian law it is very much a parent’s right to expect that they will be provided for in terms of their education which is a base element of the maintenance duty. Legal Basis for Child's Expenses In many cases the court’s authority to issue such a directive is from what is laid out in various legal provisions. In terms of the concept of maintenance” which is put forth by different personal laws (Hindu Marriage Act, Muslim Personal Law etc. and secular laws (Code of Criminal Procedure) we see a very broad interpretation which includes beyond food, clothing and shelter to also cover education and health care. Section 144 of the Bhartiya Nagarik Suraksha Sanhita 2023, we see that this section puts forth a simple and secular solution for a child to claim support from his parents. By which we mean that the term “support” includes educational expenses. This act reports that a father is responsible for the support of his minor child, and in his absence the responsibility falls on the mother which includes the child’s education. The Guardians and Wards Act, 1890: In the main this is a bill dealing with guardianship issues but also we see it used by the courts to protect what is in the best interest of the child which includes their education. How Courts Determine the Amount When a court rules that a parent should pay for their child’s education it does not do so in a global fashion. They look at many elements which in the end determine a fair sum. Financial Capacity of Both Parents: In court they will go over the income and assets of the husband and the wife. What is usually done is that financial responsibility is split between them but the parent with the higher income may be ordered by the court to cover more of the expenses. Standard of Living: The court is to keep the child’s standard of living, which includes their education, the same as what they had before the parents’ separation. Child's Needs: The primary concern is the individual needs of the child. The court will look at issues like tuition fees, school supplies, out of class activities, and also any special educational needs. Non-Monetary Contributions: A court will also consider the effort which the custodial parent puts in as a primary caregiver and the time they spend which in turn may require the non custodial parent to pay greater financial support. Also it is true that a court order for maintenance is a living document. As the child’s education needs grow over time for instance when they progress from high school to college an application may be put to the court to increase the maintenance. At all times the court’s main concern is the best interest of the child. I hope this response does for your questions. Should you still have issues, please do not hesitate to ask. Thank you.