Even when the mother is working, it does not mean the father will be absolved from taking responsibility for the child, the Court said.
The Punjab and Haryana High Court recently observed that a man does not forfeit his responsibility to support his children merely because his wife has adequate earnings. Justice Sumeet Goel made this comment while rejecting a husband’s claim that he should be exempt from supporting his daughter since she resides with her mother, who can provide for her financially. The Court emphasized that the mother’s income does not absolve the father of his responsibilities toward the child.
“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,” the single-judge said.
The Court was reviewing a revision petition submitted by a man who contested a family court’s ruling mandating him to pay interim maintenance of ₹7,000 for his minor daughter. He argued that his monthly income is only ₹22,000 and that he has six family members dependent on him. Furthermore, it was mentioned in Court that the child’s mother has sufficient financial resources to support her. However, the Court pointed out that the interim maintenance order is dependent on the final judgment and is intended solely as a temporary arrangement until the proceedings are completed.
“The family court observed that since the respondent (herein) is the minor daughter of the petitioner (herein) and has no independent source of income to support herself, it is the moral and legal duty of the respondent to support her. Being the father, the petitioner (herein) is obligated to maintain her to ensure a decent standard of living,” it added.
The family court considered not only the man’s financial situation but also the considerable responsibilities associated with raising a child, which should be fairly shared by both parents, as the Court noted. Consequently, the Court determined that the interim maintenance granted by the family court does not require any intervention.
“Accordingly, the instant petition is hereby dismissed,” it ordered.
