Mother Being A Working Lady Does Not Absolve Father Of Maintenance Responsibilities Towards Children: J&K High Court

"The mere fact that the mother of the respondents is a working lady and has her own income does not absolve the petitioner, being the father of the respondents, of his legal and moral responsibility to maintain his children," the judgment stated.

These observations were made by Justice Sanjay Dhar in response to a petition challenging the order of maintenance passed by a Principal Sessions Judge. The petitioner contested the maintenance order issued under Section 125 of the Criminal Procedure Code.

The case had been filed by the minor children of the respondent, represented through their mother. The children had sought maintenance from their father, alleging that he had neglected his parental responsibilities and failed to provide financial support.

They claimed that they had to rely solely on their mother's income as a government-employed teacher for their education, food, and shelter. The petitioners argued that, despite their father's previous employment in Saudi Arabia as a technical engineer, he had not contributed adequately to their upkeep and welfare.

Despite the father's claims of contributing to their expenses and being jobless, the trial court found that he had not provided adequate support and had ordered a monthly maintenance of Rs. 4,500 per child, which was upheld by the Principal Sessions Judge, Budgam.

The petitioner challenged the impugned order on the grounds that his monthly income was only Rs. 12,000, making it impossible for him to pay Rs. 13,500 to the respondents, especially given his obligation to support his ailing parents.

He contended that the mother of the respondents was a government teacher earning a substantial salary, arguing that the responsibility to maintain the children should not rest solely on him. The petitioner emphasized that his financial constraints, coupled with the mother's ability to provide for the children, should be considered in determining the maintenance obligations.

However, the court noted the lack of evidence to support the petitioner's financial claims and observed that his past employment as a technical engineer in Saudi Arabia indicated his capacity to earn. Furthermore, the petitioner's assertion that he had given his entire earnings to his wife, who had used them to purchase property, was not substantiated by the evidence presented.

Justice Dhar concluded that the petition lacked merit, dismissing it while reiterating the fundamental duty of a father to support his children financially.

Case Title: Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors

Citation: 2024 LiveLaw (JKL) 221

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