Maintaining child is not sole responsibility of parent they live with: Allahabad High Court

Justice Lakshmi Kant Shukla said that the responsibility to maintain children belongs to both husband and wife.

Why did the court dismiss the plea?

The woman had claimed that she had no independent source of income and was dependent on her father while living with her two children. She also argued that her husband earned substantially more than the income assessed by the Family Court and that the Rs 1,500 monthly maintenance awarded for each child was inadequate.

The husband, however, relied on the woman’s own statement before the Family Court that she spent around Rs 10,000 per month on her food and other expenses and Rs 5,000 per month on each child. He submitted that she had also admitted earning through coaching, which meant her monthly income was at least around Rs 20,000. The husband further stated that he worked as an instructor in a junior high school and earned Rs 9,000 per month.

The court said CrPC recognises the right of a child to claim maintenance from the “father or mother” and therefore reflects the obligation of both parents towards minor children. “The use of the expression “his” in the aforesaid provisions cannot be construed as restricting the liability only to a male parent,” it said.

The court observed that both the husband and wife are earning members and that their children  are residing with one of the spouses. In such circumstances, irrespective of the parent with whom the children are residing, the court said that the entire responsibility for their maintenance cannot be fastened upon such parent alone. It said that both parents are required to contribute towards the maintenance and upbringing of their child.

The court said that while determining the maintenance amount for a minor child, the social and economic circumstances and the financial capacity of both parents needs to be considered, and not merely that of the father or the mother.

In the present case, the court noted that the mother’s income appeared to be higher than that of the father and, therefore, she could not altogether disclaim her responsibility towards the children’s maintenance and other expenses. “The responsibility of bringing up and maintaining the children is ordinarily to be shared by both parents in accordance with their respective means and financial capacity and cannot be fastened exclusively upon one of them,” the court added.

It therefore dismissed the wife’s plea.