The Delhi High Court, with Justices Mukta Gupta and Neena Bansal Krishna presiding, has ruled that a father cannot avoid paying maintenance for his daughter just because she lives with her maternal grandparents.
In this case, the couple married in 2011 and had a child in 2015. Their relationship soon deteriorated, and in 2016, the husband discovered his wife was having an affair with her cousin. Following this, he moved out and filed for divorce on the grounds of adultery and cruelty.
The wife filed a complaint under Section 12 of the Protection of Women Against Domestic Violence Act of 2005, which is pending in the Mahila Court. She also requested maintenance under Section 24 of the Act, seeking Rs 45,000 for herself and their child. The court noted the husband’s monthly income of Rs 1,09,000 and granted Rs 20,000 in maintenance.
The husband then appealed to the court, claiming that his income had reduced to Rs 40,000 per month after losing his job. He argued that he had to care for his aged parents and that the maintenance should be reduced since the child was living with her maternal grandparents.
The court rejected his plea, stating:
- A husband cannot avoid his responsibilities towards his wife and child just because he has to care for his parents.
- Even if the child is living with her maternal grandparents, the father still must provide maintenance.
Thus, the court upheld the maintenance award set by the Family Court and dismissed the husband’s plea.
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