- 04-Aug-2025
- Marriage and Divorce Laws
In today's globalized world, the cost of foreign education for children, especially in cases of higher education, can be significant. The question arises whether these costs can be included as part of child support or maintenance orders. While basic needs like food, shelter, and clothing are typically considered in child maintenance, foreign education expenses (including tuition, travel, and living costs) present a more complex issue. Courts in India will evaluate various factors before including such expenses in a child support order, as it involves not only the child’s educational needs but also the parents' financial capacity and the best interests of the child.
Under Section 125 CrPC, which governs child support orders in India, courts are required to ensure that the basic needs of the child are met. This includes expenses like food, clothing, education, and healthcare. While Section 125 does not explicitly address foreign education, courts are empowered to ensure that education—which includes formal schooling—falls within the scope of maintenance. If the child is pursuing or wishes to pursue higher education abroad, courts may consider the nature and extent of such an education as part of the overall maintenance obligation.
Under Section 20 of the Hindu Adoptions and Maintenance Act, the financial responsibility of parents to maintain their child extends beyond just the basic living expenses. This provision can encompass education and any other necessary expenses that support the child's well-being and future. If the child has the opportunity for foreign education, the parents may be expected to contribute to these costs, especially if it is in the child's best interests.
Family courts have the discretion to include foreign education costs in child maintenance orders, especially when the child’s education is seen as essential to their development. If the child’s higher education abroad is deemed important for their future, courts will evaluate both the child’s welfare and the financial capacity of the parents.
The best interests of the child are paramount in any family law matter. If the child has been accepted to a prestigious foreign institution and it is in their best interests to pursue that education, the court may include the costs of foreign education in the child support order. The court will evaluate whether studying abroad would provide better career prospects, access to specialized courses, or other opportunities unavailable in India.
Courts will assess the financial ability of both parents to contribute to foreign education costs. If one parent has significantly higher financial means, they may be ordered to cover a larger portion of the costs. The court will look at both parents’ incomes, assets, and liabilities to determine how much each can reasonably afford to contribute to foreign education. If the parents are financially unable to cover such expenses, the court may limit or deny the request for including foreign education in the maintenance order.
If the child has been accustomed to a certain standard of living or has already attended private or international schools in India, the court may consider that the child should continue with a similar standard of education abroad. The child’s previous exposure to international education may influence the court’s decision on whether it is appropriate for the child to pursue education in a foreign country.
The duration of the foreign education program plays a role in the court’s decision. Short-term programs like exchange programs or summer courses may not require the same level of financial commitment as undergraduate or postgraduate courses, which are typically longer and more expensive. Courts are more likely to approve of long-term programs if they significantly contribute to the child’s future development and career goals.
The age of the child is also a crucial factor. For minors or children who are still financially dependent on their parents, it is more likely that courts will include foreign education costs as part of the maintenance order. If the child is an adult, the court may consider their ability to contribute to the costs of their education and may not require parents to cover the full expenses.
If the child has been awarded a scholarship or financial aid for their foreign education, this may reduce the financial burden on the parents. Courts may consider any external financial assistance when determining the extent of the parents' contribution.
The court may order both parents to share the costs of foreign education in proportion to their respective incomes. If one parent earns more, they may be required to contribute a larger share. For example, if one parent earns ₹10,00,000 per year and the other earns ₹5,00,000, the court may require the wealthier parent to cover a greater portion of the foreign education expenses.
In situations where one parent has primary custody of the child, that parent may bear the direct expenses related to the child’s living, travel, and accommodation while abroad. The non-custodial parent may be asked to contribute towards tuition fees or other education-related costs.
If the child’s foreign education is part of a specialized program (e.g., a specialized medical or technical course that is not available in India), the court may recognize the importance of such a program for the child’s future. In these cases, the court may order both parents to contribute significantly to the overall cost of the education, including travel, accommodation, health insurance, and living expenses abroad.
Let’s consider the case of Priya and Rajeev, who are separated and have a 17-year-old daughter, Neha, who has been accepted to a prestigious university in the UK for her undergraduate studies in business administration. The total cost of Neha’s education, including tuition, living expenses, and travel is ₹25,00,000 annually.
Priya’s Financial Situation: Priya earns ₹7,00,000 annually and has the primary responsibility for Neha’s care and well-being.
Rajeev’s Financial Situation: Rajeev, who earns ₹15,00,000 annually, is supportive of Neha’s education abroad but is concerned about the financial burden.
The court, after considering Neha’s educational aspirations, the importance of the opportunity for her career, and the financial capacity of both parents, orders Rajeev to contribute ₹15,00,000 annually towards Neha’s education abroad, while Priya is responsible for the remaining ₹10,00,000, including Neha’s living and travel expenses.
In India, foreign education costs can be included in child support or maintenance orders, but it depends on a variety of factors, including the child’s best interests, the financial capacity of both parents, and the nature of the education. Courts will weigh whether the child’s education abroad significantly contributes to their future success and whether both parents can afford to share in these costs. If both parents have the financial means, they may be required to contribute proportionately to ensure the child’s educational and developmental needs are met.
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