Father must fund daughter’s NEET-PG studies even after she is 18: Karnataka High Court

The daughter had filed an application before the trial court seeking a direction to her father to pay Rs 16 lakh towards her first-year college fee for post-graduation (MD Dermatology) at Fr. Muller’s Institute of Medical Education and Research, Mangalore. She said that she had successfully qualified the NEET PG examination and secured a commendable rank. She had secured admission through the Karnataka Examination Authority for an annual fee of Rs 13.87 lakh payable to the KEA; otherwise, the same postgraduate medical seat, if obtained outside the counselling quota, would have cost around Rs 75 lakh per year. 

Justice H P Sandesh upheld the trial court’s order directing the father to bear his daughter’s education.

‘Father challenges Rs 16 lakh education order’

Advocate Ajay Prabhu M, appearing for the daughter, informed the court that she had borrowed Rs 13.87 lakh from her grandfather to pay the admission fee due to the urgency, and still needed Rs 1.5 lakh for the remaining expenses and to repay her grandfather.

Advocate S Balakrishnan, representing the father, alleged that the application was filed only to harass him and extract money. The father insisted that his daughter did not score a good NEET rank or an admission category, and said she would receive a Rs 60,000 monthly stipend, which could cover her daily expenses. He also disputed the claim that her grandfather had lent her money, saying he lacked the means.

The father’s counsel argued that his daughter had sufficient funds, and alleged that he was facing financial and mental health issues. The trial court, after examining all documents, noted that the daughter had ranked 11,722 and had taken admission to an MD course.  It also noted that her grandfather was, in fact, financially able and transferred Rs 14 lakh to her. 

The father challenged the order before the appellate court, which confirmed the trial court order. The High Court said post-graduation is an important part of a doctor’s career and directed the father to pay Rs 16 lakh towards her educational expenses under the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’). The father, said the court, remained responsible for her educational expenses as she and her mother had no independent income. The father then approached the High Court.

‘Father to pay for daughter’s education’

The high court held that an order under Section 20(d) of the Domestic Act allows courts to direct a respondent to shell out maintenance for his children, which includes educational expenses. It is the custom and practice everywhere in the world that parents are morally obligated to provide basic amenities, including health and education, to their children, the court said.

The high court rejected the father’s contention that his daughter was an adult and could get a bank loan. It noted that the daughter had no source of income and was still pursuing an education. The court also observed that when the daughter was admitted to MBBS, her parents were together. Therefore, he could not refuse to bear the education expenses.