Delhi High Court’s decision: Even if the mother earns more, it is the father’s responsibility to maintain the children.
The Delhi High Court has clarified that maintenance of minor children is the legal, moral and social responsibility of the father, and this responsibility cannot be ended on the basis that the mother earns more than the father. The bench of Justice Swarna Kanta Sharma said that the burden of raising and caring for children falls equally on both the parents. The court also underlined that the welfare of the child is paramount and no parent can shirk financial responsibility.
What argument did the husband give?,
The husband told the High Court that his monthly income is only Rs 9,000, while his wife earns Rs 34,500 per month. The husband argued that despite the wife’s higher earnings, it was not fair to put the entire maintenance of the children on her. He also said that at present he is unable to provide interim maintenance.
What was the wife’s side?,
The wife replied that maintenance is only for the children. She told that she is single-handedly handling the daily needs, education, treatment and complete care of the children. The wife told the court that the father’s responsibility does not end with his earnings and it is mandatory to fulfill this responsibility in the interest of the children.
what did the court say,
The Delhi High Court rejected the husband’s arguments and clarified that a working mother already bears the double burden of job and primary care of the children. The court said that in such a situation the father cannot escape his responsibility by saying that the mother earns more. The court warned that imposing physical, mental and financial burden on a working mother is not acceptable. The father was directed not to try to avoid responsibility by hiding his income or resorting to technical arguments. The court justified the wife’s action, saying it was not a demand to assert any rights, but an attempt to fulfill the father’s legal and moral responsibilities towards the children.
The Delhi High Court rejected the husband’s plea, but reduced the amount of maintenance from Rs 30,000 to Rs 25,000 per month. The court made it clear that the welfare of children is paramount and fathers cannot shirk their basic legal and moral responsibilities. The Court also underlined that maintenance is only for the welfare and needs of the children, and the responsibility rests equally on both the parents.
what was the matter,
The couple were married in January 2014 and have three children – two daughters and a son. The wife accused her husband of physical, mental and financial exploitation. After this both separated and the mother has the custody of the children. The wife filed a case under the Domestic Violence Act and demanded maintenance for the children. The trial court passed an interim order in December 2023 to pay the husband a total of Rs 30,000 per month (Rs 10,000 per child) for all three children. The husband opposed this order and appealed to the Sessions Court, which was also rejected. After this the matter reached Delhi High Court.
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