The Chhattisgarh High Court has reaffirmed the rights of persons with disabilities by holding that maintenance payable to a child suffering from Autism Spectrum Disorder cannot automatically cease upon attaining the age of majority.
The ruling came in a case involving a child diagnosed with Autism Spectrum Disorder and Speech Disorder, who required specialised education, medical attention, and continuous care. The Family Court had awarded monthly maintenance of ₹7,000 under Section 125 of the Code of Criminal Procedure but restricted the payment until the child attained the age of 18.
Challenging this limitation, the petitioner argued that a disability-related dependency does not disappear merely because a person reaches the age of majority. The matter was brought before the Chhattisgarh High Court through a criminal revision petition.
Chief Justice Ramesh Sinha observed that the mere attainment of majority cannot be the sole basis for terminating maintenance where a person suffers from a physical or mental disability and remains incapable of self-support. The Court emphasized that the decisive factor is whether the individual can independently earn a livelihood and maintain themselves.
While the High Court declined to enhance the quantum of maintenance, it modified the Family Court's order by removing the automatic cut-off at 18 years. The Court directed that the father must continue paying ₹7,000 per month even after the child reaches adulthood, unless it is demonstrated through appropriate legal proceedings that the individual has become capable of self-maintenance.
The judgment strengthens the legal recognition of the continuing needs of persons with disabilities and aligns maintenance jurisprudence with principles of dignity, equality, and social protection. It also underscores that courts must assess actual dependency and earning capacity rather than rely solely on age-based thresholds when deciding maintenance claims involving disabled children.