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

The Allahabad High Court recently ruled that both parents share responsibility for maintaining their minor children, rather than solely the parent with whom they reside. Justice Lakshmi Kant Shukla stated this observation while dismissing a challenge to a Family Court order that allocated Rs 1,500 monthly for each child but denied the mother maintenance from her husband.

The maintenance obligation isn't limited to either the father or mother and both must contribute based on their financial means and capacity, according to the court's order. The woman claimed she had no independent income and was dependent on her father while living with her two kids. She also argued her husband earned more than the Family Court's assessed income and the Rs 1,500 per child maintenance was insufficient.

Her husband argued her monthly expenses and earnings were higher than claimed, stating he earned Rs 9,000 as a school instructor. The court noted that both parents are typically obligated to support their children, not just the parent they live with. It added that the court only considers the father's gender in maintenance provisions, not restricting the liability to males.

Both earning members, parents must consider the financial and social circumstances of their children when determining maintenance. In this case, the court found the mother's income higher than the father's and ruled she could not entirely deny her responsibility for the children's upkeep.