The Allahabad High Court recently ruled that a father is obligated to financially support his child, regardless of whether the mother is earning. Justice Raj Beer Singh emphasized that a father’s responsibility to maintain his child is tied to their lifestyle and status, and cannot be waived due to the child’s lack of emotional attachment or the mother’s financial stability.
This decision came after the court reviewed a family court’s earlier order that rejected an application for maintenance filed by a girl under Section 125 CrPC. The family court had denied the daughter’s request, reasoning that her mother was already supporting her financially and had sufficient income to do so.
The High Court found flaws in this reasoning. It observed that while the father had disclosed his salary, the mother had not revealed her income, which cast doubt on her motives. The court also dismissed the argument that the father should be absolved of his duty simply because the child did not display compassion toward him during hearings.
In her plea, the daughter had requested interim maintenance of ₹10,000 per month and ₹40,00,000 for her marriage and education. The father argued that the mother’s income was sufficient to support the child and expressed his willingness to take the child into his home for care.
However, the High Court ruled that these arguments did not absolve the father of his legal obligation. It noted that the family court erred in presuming the mother’s income automatically fulfilled all the child’s needs.
Justice Singh stated, “The finding of the lower court that the revisionist did not show emotional feelings toward her father is baseless. It is the father’s duty to maintain his child, and the daughter has a legal right to seek maintenance.”
The High Court overturned the family court’s decision and directed it to reconsider the application for maintenance within three months. This ruling reinforces that parental responsibility is a shared duty and cannot be avoided based on one parent’s financial standing.
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