Father Not Absolved From Providing Maintenance For Child Even If Mother Is Working: Punjab & Haryana High Court

While hearing a challenging to an interim maintenance order, the Punjab and Haryana High Court observed that even if mother is working and earning sufficiently, it would not automatically mean that the father is absolved of his responsibility to provide sustenance for his children.

In doing so, the high court emphasized that the father is legally bound to maintain his child as per his lifestyle and status.

A single judge bench of Justice Sumeet Goel in its order said, “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. If the husband/father has sufficient means, he is obligated to maintain his wife and children, and cannot shirk away from moral and familial responsibilities.”

"In households wherein the women are working and are earning sufficiently to maintain themselves, it does not automatically mean that the husband/father is absolved of his responsibility to provide sustenance for his children. A father has an equal duty to provide for his children and there cannot be a situation wherein it is only the mother who has to bear the burden of expenses for raising and educating the children," it added.

The observations came while the high court refused to interfere with a Family Court's order directing a man to provide interim maintenance to his minor daughter at the rate of Rs.7,000 per month along with litigation expenses to the tune of Rs.10,000. The man had challenged the family court's order before the high court.

The counsel appearing for the petitioner's father contended that he is employed in a private job and earns a "meagre" monthly income of Rs.22,000 and that six of his family members are dependent on him, whereas his wife is a government teacher with a monthly income of Rs 35,400.

He added that the minor daughter is in the custody of the mother, who has sufficient means to maintain, hence the order of interim maintenance should be set aside.

After hearing the submissions, the Court opined that, even the mother is working, it does not mean the father will be absolved from taking responsibility of his child.

"The father is legally bound to maintain his child according to his status and lifestyle," the high court underscored.

The Court observed that the the Family Court had taken into account not only the financial capability of the petitioner father but also the comprehensive efforts required to raise a child, which should be fairly shared between both the parents. It further said that contentions raised by the petitioner at this stage regarding the factual aspects are a matter of trial. It further noted that the order under challenge only interim in nature and is not a final decision on the maintenance petition.

The high court thereafter said that the family court's interim order cannot be said to be on the higher side and is "rather just and appropriate in the facts and circumstances of the case". It thereafter dismissed the father's plea.

Case Title: X v Y

Counsel for petitioner: Advocate Rahul Garg

Click Here To Read/Download Order