Delhi High Court: Father Must Support Child Despite Living Arrangements
The Delhi High Court recently ruled that a father cannot evade his financial responsibility toward his child, even if the child resides with maternal grandparents. This judgment came from a case involving a father who sought to reduce his maintenance payments.
Case Background
The couple married in 2011 and had a child in 2015. However, their relationship soured, leading to a separation in 2016. The husband filed for divorce on grounds of adultery and cruelty, while the wife filed a complaint under the Protection of Women Against Domestic Violence Act, 2005.
During divorce proceedings, the wife requested maintenance of ₹45,000 per month for herself and their child. The court, after reviewing the husband’s monthly income of ₹1,09,000, granted ₹20,000 as maintenance.
Husband’s Plea to Reduce Maintenance
The husband later filed a plea to lower the maintenance amount, citing a reduced income of ₹40,000 and the financial burden of supporting his elderly parents. He also argued that since the child was living with her maternal grandparents, his financial obligations should be lessened.
Court’s Decision
The High Court rejected the plea, stating:
- A father cannot avoid his responsibility toward his child, regardless of living arrangements.
- Even if the child lives with maternal grandparents, the father must provide financial support.
- Caring for aged parents does not absolve him of his duty to maintain his child.
The court upheld the original maintenance amount, emphasizing that financial support for the child is a non-negotiable obligation.
Conclusion
This ruling reaffirms that a father’s financial responsibilities toward his child remain intact, irrespective of personal financial constraints or living arrangements.
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