Can Maintenance Include Insurance Premiums For Children?

Child maintenance is intended to cover all reasonable expenses essential for the child’s well-being, including food, shelter, education, healthcare, and general upbringing. In the contemporary context, insurance policies such as health insurance, life insurance, and education insurance play a critical role in safeguarding the child’s present and future security. Health insurance ensures that the child’s medical emergencies can be managed without financial hardship, life insurance policies secure financial support in case of a parent’s untimely death, and education insurance provides financial backup for schooling and higher education expenses. Recognizing these realities, Indian courts have progressively included insurance premiums as part of maintenance orders to comprehensively cover a child’s needs. However, the courts exercise discretion by balancing the necessity and reasonableness of the insurance premium against the paying parent’s financial capacity. The principle of the child’s welfare remains paramount, meaning that if insurance policies are reasonably necessary to maintain the child’s standard of living and safeguard their future, such premiums should be included in maintenance.

Legal Framework and Court Approach

Broad Interpretation of Maintenance:

Maintenance under Section 125 CrPC and personal laws like the Hindu Adoption and Maintenance Act is meant to provide for necessaries of life. Courts have interpreted this broadly to include health and welfare expenses, recognizing modern needs such as insurance coverage.

Health Insurance as a Necessity:

With rising healthcare costs and increasing incidence of illnesses, health insurance is often deemed essential. Courts generally accept that premiums paid for the child’s health insurance protect the child against unforeseen medical emergencies and thus form a legitimate component of maintenance.

Life and Education Insurance:

Though life insurance premiums may be seen as future security rather than immediate need, courts have acknowledged that policies taken for the child’s future benefit, including education insurance, are reasonable expenses. Such insurance policies ensure uninterrupted education and financial stability in the event of adverse circumstances.

Financial Capacity of the Paying Parent:

The court evaluates whether the paying parent can reasonably afford the insurance premiums without undue hardship. If premiums are exorbitant or the payer’s income is limited, the court may adjust the amount accordingly.

Documentation and Proof:

Applicants must provide clear documentation of insurance policies, premium payment receipts, and justification of their necessity. Courts give weight to evidence showing that the insurance is integral to the child’s welfare.

Judicial Precedents:

Multiple Indian courts have ruled in favor of including insurance premiums as part of maintenance when such expenses are necessary to protect the child’s health and future security.

Practical Advice

Submit documentation of insurance policies and premium payments when filing for maintenance.

Explain the necessity of insurance as part of safeguarding the child’s welfare.

Negotiate with the other parent to include insurance costs in maintenance agreements to avoid disputes.

Ensure insurance policies are reasonable and relevant to the child’s actual needs.

Example:

A mother files for maintenance including monthly premiums for her child’s health insurance and an education insurance policy. The father initially objects, arguing that insurance is optional and not a necessity. The court examines the rising costs of medical care and the importance of securing the child’s educational future. Considering the father’s steady income, the court orders maintenance that covers the insurance premiums as part of the total maintenance amount, emphasizing that such expenses are integral to the child’s welfare and protection against unforeseen risks.