Father Is Not Absolved Of Legal & Moral Obligations To Maintain Children Just Because Mother Is Also Working: J&K&L High Court

The Court dismissed a husband’s petition challenging the order of the trial Court that directed him to pay maintenance to his minor children wherein he argued that he could not be directed to pay said maintenance because the mother of the children was also earning.

A Single Bench of Justice Sanjay Dhar observed, “It is the legal as well as moral obligation of the petitioner being the father of the respondents to maintain them. It is true that mother of the respondents is a working lady and she has her own income but that does not absolve the petitioner, being the father of the respondents, of his legal and moral responsibility to maintain his children. Therefore, the contention of the petitioner that because mother of the respondents is earning, therefore, he cannot be directed to pay maintenance, is without any substance.”

Advocate Mir Majid Bashir appeared for the petitioner.

The minor children (respondents) had filed a petition under Section 125 of the Cr.P.C. against their father through their mother. It was alleged by the respondents in their petition that the father treated their mother with cruelty and in turn neglected to maintain them. It was submitted that as a result, they had to remain dependent upon the earnings of their mother who was working as a teacher.

It was further claimed that their father was a technical Engineer by profession who had in Saudi Arabia and earned a huge amount of money. Therefore, the father had the resources to maintain the minor children.

The father contended in his objections that he was a caring father paying the children's expenses but had become jobless. He argued that his earnings from Saudi Arabia had been handed over to his wife, who allegedly used them to purchase property in her name.

The trial court concluded that the respondents had been neglected and deserted by the father and that they were unable to maintain themselves. Accordingly, the father was been directed to pay monthly maintenance to the minor children.

The husband challenged the impugned order on the grounds that his monthly income was used up to support his ailing parents. He submitted that the mother of the respondents was a Government teacher drawing a “handsome salary,” and as such, the liability to maintain the children could not be fastened upon him only.

The High Court clarified that it was the legal as well as moral obligation of the father to maintain his minor children. The Court stated that even though the mother of the minor children was a working lady and had her own income, that did not absolve the father of his legal and moral responsibility.

“In fact the petitioner has not led any evidence before the trial Magistrate to rebut the evidence produced by the respondents with regard to his income obviously because he has been set ex-parte,” the Court remarked.

Accordingly, the High Court dismissed the petition.

Cause Title: B v. M & Ors.

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