How Courts Should Decide Educational Expenses of child under the Domestic Violence Act?

Legal experience shows that maintenance orders lacking clear direction on education-related expenses are often challenged in appellate courts. Directions to pay “as demanded” or “as may be required” do not stand the test of judicial scrutiny. Advocates and judges alike are now called upon to apply transparent, evidence-based approaches that align with Supreme Court guidelines—delivering justice with clarity and accountability.

What the Law Says

Supreme Court: Rajnesh v. Neha (2021) 2 SCC 324

The apex court clearly held that the award of educational and child support expenses must:

• Be based on actual and reasonable evidence.

• Account for expenses like school/coaching fees, books, uniforms, transport, and extracurriculars.

• Require parents (usually the father) to bear such costs proportionately, based on documents.

Bombay High Court: Gaurav Gupta v. Radhika Gupta (2010)

The High Court endorsed the principle that quantification cannot be open-ended—the wife must provide supporting bills and receipts. Maintenance includes educational outlays, but only if sufficiently justified.

What Advocates Must Do

Advocates representing wives/children should:

• File all supporting documents:

  • School/college fee receipts, admission letters, coaching invoices, transport bills, and costs for books, uniforms, and activities.

• Describe the standard of living:

  • Show continuity in the child’s educational journey and the pre-separation lifestyle, with photos, prior bills, or report cards.

• Demonstrate financial need and incapacity:

  • Submit bank statements or income records showing inability to pay without support.

What Judges Should Do

Session Judges faced with appeals against vague interim educational expense orders should:

1. Set aside or modify vague directions, requiring the wife to file all relevant supporting documents within a set period (e.g., fifteen days).

2. Fix a schedule for both sides to file evidence and objections, allowing both parties procedural fairness.

3. Scrutinize submitted evidence and pass a specific, reasoned order quantifying educational expenses—either as an additional monthly amount, annual payment, or lump sum, linked directly to actual school/coaching needs.

4. Clarify whether new payments are inclusive or exclusive of fixed maintenance, avoiding future disputes.

Sample Draft Order

“The direction for payment of educational expenses is set aside to the extent it is vague. The wife/respondent is directed to file documentary evidence supporting her claimed educational expenses for the minor child, including fee receipts, admission forms, and other relevant bills, within 15 days. The husband/appellant shall file his objections within 15 days thereafter. The trial court shall then pass a reasoned, quantified order fixing the amount to be paid by the husband toward the child’s educational expenses, based on material evidence.”

To establish validity and need for educational, coaching, and transport expenses in Domestic Violence Act proceedings, the wife (or mother) should present clear evidence and documentation to the court showing why these expenses are justified. Courts in India, including the Supreme Court and High Courts, require the following steps and types of evidence:

How to Establish Validity and Need

1. Submit Documented Proof of Expenses

• School fees receipts and school admission letters for each child.

• Fee structure documents from the educational institution or coaching centre.

• Transport bills (school bus, private transport, or other travel receipts for school/coaching).

• Receipts for books, uniforms, stationery, and extracurricular activities (music, sports, tuition classes).

• Medical expense receipts (if claiming under living expenses).

2. Show Current and Future Need

• Age and educational stage of the child (e.g., primary, secondary, college) explained with birth certificates or school records.

• If expenses have increased due to age (e.g., child is older, school/college fees have increased), submit evidence of past payments versus present demands.

• List of upcoming required payments (prospectus, admission forms, annual fee circulars).

3. Demonstrate Standard of Living Before Separation

• Evidence and testimony about the family’s lifestyle before domestic violence/separation (how the children were educated, their activities) using photos, report cards, or previous bills.

• The courts look at maintaining the standard of living enjoyed during the marriage.

4. Prove Inability to Meet Expenses Without Support

• The wife’s income statements (salary slips, bank statements) and assets to show inability to meet these expenses independently if claiming child-related costs.

• The husband’s income/assets to show his capacity to pay—using salary slips, IT returns, bank statements, or evidence of property/business ownership.

• Courts require proof that the wife or children do genuinely need support and are not able to meet all expenses without help.

5. Legal Affidavit and Application

• File a detailed affidavit or petition clearly outlining all expenses claimed, attaching all receipts, bills, and documents.

• Point out the reasonableness of these expenses—courts will award “reasonable” costs, not excessive or extravagant amounts.

• Cite relevant judgments (e.g., Rajnesh v. Neha, Jagadesan v. State of Tamil Nadu, Gaurav Gupta v. Radhika Gupta) supporting your entitlement.

Example of Proof as per Court Judgments

• In Jagadesan v. State of Tamil Nadu, the court directed the wife to furnish the proof of admission and fees structure, after which the husband was ordered to pay the college fees and a portion of capitation costs.

• In the Bombay High Court, relief under Section 20 of the DV Act was upheld on the basis of lifestyle, needs, and evidence submitted regarding expenses.

Summary Table: Key Evidence

Type of Claim	Evidence Required
School/College Fees	Receipts, admission letters, fee structure
Coaching/Tuition Fees	Fee receipts, centre registration, schedules
Transport Expenses	Bus bills, taxi receipts, school transport forms
Standard of Living	Previous bills, testimonies, lifestyle documents
Mother’s Inability to Pay	Salary slips, bank statements, asset records
Father’s Ability to Pay	Salary slips, bank statements, property evidence

In short: The stronger, clearer, and more reasonable the documentary evidence, the more likely the claim will succeed. Courts rely heavily on affidavits, bills, receipts, and proof that what is claimed matches actual need and past family lifestyle.

Conclusion

Justice demands clarity. Advocates must educate their clients about the power of documentary proof, while judges must ensure maintenance orders for educational expenses are clear, specific, and enforceable. When law meets evidence, justice is not just abstract—it’s actionable.

For advocates and judges, the message is clear: Transform the way you plead and decide educational expenses. Move from vague directives to evidence-based justice—because every child deserves a transparent path to education, and every order must stand the test of law!