Child maintenance is a shared parental duty, not charity or punishment: Delhi HC


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| Photo Credit: Shashi Shekhar Kashyap

The Delhi High Court has underlined that child maintenance is a recognition of shared parental responsibility and the child’s right to be supported, observing that it is neither a favour nor a punitive measure against the non-custodial parent.

While deciding a plea concerning maintenance for three minor children, the court in its December 27 order noted that a child’s daily needs extend far beyond what can be precisely quantified in legal pleadings. These include school-related requirements, minor medical expenses, hobbies, social interactions and even ordinary activities such as going on picnics with friends, all of which are essential for a child’s holistic development.

Rejecting the husband’s arguments, the court held that a woman’s earning capacity does not absolve the father of his parental responsibilities.

It held that a working mother cannot be expected to exhaust herself physically, emotionally and financially while the father seeks to evade responsibility by making selective or misleading disclosures about his income.

The court also found that the husband had failed to make a truthful disclosure of his income and had prima facie attempted to suppress his actual earnings, thereby not reflecting his true financial capacity.

Considering the ages of the three children, approximately 11, 7 and 5 years, and their overall requirements, the Court directed the husband to pay a consolidated sum of ₹25,000 per month towards their maintenance. The Court also noted that the wife, who earns around ₹34,000 per month, would continue to contribute towards the children’s expenses.

It was also recorded that the wife had not sought interim maintenance for herself and that the order was confined exclusively to maintenance for the three minor children in her custody.



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