Father Must Maintain Child Even if Mother is Earning: Allahabad High Court
The Allahabad High Court recently ruled that a father is legally obligated to maintain his child according to their status and lifestyle, regardless of the mother’s income. Justice Raj Beer Singh emphasized that a father cannot avoid his responsibility to support his child, even if the child does not show affection towards him.
The court overturned a family court’s decision that had rejected an application by a girl under Section 125 CrPC seeking maintenance from her father. The family court had denied maintenance on the grounds that the girl’s mother was already providing for her and had sufficient income.
The High Court noted that the mother had not disclosed her income to the court, casting doubt on her motives. In contrast, the father had revealed his salary. The court found that the family court’s decision was flawed, as it is the father’s duty to maintain his child.
The daughter had filed a revision plea, requesting Rs. 10,000 per month for interim maintenance and Rs. 40,00,000 for her marriage and education expenses during the pending revision. The father argued that his wife had sufficient income to support their daughter, but the court dismissed this argument.
The High Court criticized the family court’s reasoning that the daughter did not show emotional compassion towards her father and that the mother was responsible for maintenance because she was employed. The court reiterated that it is the father’s duty to provide for his child, regardless of the mother’s financial situation.
In light of these observations, the High Court set aside the family court’s order and directed it to issue a fresh order on the maintenance application within three months.
Case Title: Km. Ankita Dikshit v. State Of U.P. And Anr.
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