Husband Must Maintain Child Even If Wife Is Earning: Punjab & Haryana HC

Punjab: The Punjab and Haryana High Court was hearing a revision petition moved by a man against a family court’s order directing him to pay an interim maintenance of Rs 7,000 to his minor daughter.

It was argued that he has an income of only Rs 22,000 and six family members are dependent on him. Further, the Court was told the child’s mother had sufficient means to maintain her.

However, the Court observed that the order granting interim maintenance is subject to final adjudication and is only a provisional step before the conclusion of proceedings.

“The family court observed that since the respondent (herein) is the minor daughter of the petitioner (herein) and has no independent source of income to support herself, it is the moral and legal duty of the respondent to support her. Being the father, the petitioner (herein) is obligated to maintain her to ensure a decent standard of living,” it added.

The family court had considered not only the man’s financial capability but also the comprehensive efforts required to raise a child, which should be fairly shared between both the parents, the Court further said.

Thus, the Court held that the interim maintenance granted by the family court does not call for any interference.

“Accordingly, the instant petition is hereby dismissed,” it ordered.

Advocate Rahul Garg represented the petitioner.