The Bombay High Court has ruled that a father cannot avoid his legal responsibility to maintain his children merely by claiming unemployment. The Court directed a man to pay monthly maintenance to his son and daughter, reaffirming parental obligations under law.
A man cannot escape his legal duty to support his children simply by saying he is unemployed, the Bombay High Court has ruled while ordering a father to pay monthly maintenance to his son and daughter.
The Nagpur Bench of the High Court was hearing a petition filed by the man, who challenged an order passed by a lower court directing him to provide maintenance to his children.
The man, a resident of Buldhana district’s Amravati area, was instructed to pay a total of Rs 8,000 each month Rs 4,000 for his son and Rs 4,000 for his daughter.
He contested the order and approached the High Court, arguing that he was presently unemployed and therefore unable to financially support his children. He also claimed that he had sold his auto-rickshaw, which he described as his only source of income.
The High Court, however, rejected his contention and said he cannot evade responsibility.
The bench stated that “raising and supporting children is both a legal and personal responsibility of the father.”
The court further noted that the upbringing and future of the children aged 10 and 7 cannot be ignored.
It also observed that unemployment or low income cannot be a valid ground to shirk responsibility towards children, adding that the father had previously failed to pay the maintenance amount that had already been fixed for his children.
Key Provisions of Child Maintenance Under Section 125 CrPC
- A father having sufficient means is legally bound to maintain his legitimate or illegitimate minor child who is unable to maintain itself.
- A major child (other than a married daughter) can also claim maintenance if, due to physical or mental abnormality or injury, they are unable to maintain themselves.
- A married minor daughter can claim maintenance from her father if her husband lacks sufficient means to maintain her.
- The Magistrate may order a monthly maintenance amount after considering the circumstances of the case.
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