Father Liable To Maintain Child Even If Custody Is With Mother Who Earns Sufficiently: High Court

High Court said that if the husband or father has sufficient means, he is obligated to maintain his wife and children, and cannot shirk away from moral and familial responsibilities.

The high court said that the family court considered both the man’s financial capability and the comprehensive efforts required to raise a child, which should be fairly shared between both the parents.

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The Punjab and Haryana High Court in a recent order observed that just because the wife has sufficient means to provide for child in her cutoday, it does not automatically mean that the father has no responsibility towards that child. It further added that if the husband or father has sufficient means, he is obligated to maintain his wife and children, and cannot shirk away from moral and familial responsibilities.

A bench of Justice Sumeet Goel of the Punjab and Haryana High Court said that even when the mother is working, it does not mean the father will be absolved from taking responsibility for the child, the Bar and Bench reported.

The man had moved the high court against a family court order directing him to pay an interim maintenance of Rs 7,000 to his minor daughter. He contended that he only had an income of only Rs 22,000 and six family members were dependent on him. The high court was told the child’s mother had sufficient means to maintain the daughter.

The high court rejected his case that he was not liable to maintain his daughter since she was living with her mother who had sufficient means to maintain and look after her. The court said that Section 125 Cr. P.C. is a tool for social justice enacted to ensure that women and children are protected from a life of potential vagrancy and destitution. 

The high court further held that the interim maintenance granted by the family court does not call for any interference. As the order granting interim maintenance is subject to final adjudication and is only a provisional step before conclusion of proceedings in the Family court.

The high court said that the family court considered both the man’s financial capability and the comprehensive efforts required to raise a child, which should be fairly shared between both the parents.