Jan 01, 2025 10:54 PM IST
The excessive court docket directed the daddy to pay upkeep to his son till he graduates or begins incomes
A person can’t be exempted from financially supporting his youngster just because his spouse has the potential to supply for the kid, the Delhi excessive court docket dominated in a latest judgment. Upholding a metropolis court docket’s order, the excessive court docket directed the daddy to pay upkeep to his son till he graduates or begins incomes, asserting that upkeep ensures a dignified existence, not mere survival.
The judgment arose from a person’s plea difficult a metropolis court docket’s October 2021 resolution requiring him to pay ₹25,000 month-to-month upkeep for his youngster. (HT Archive)
“The duty of the husband to provide for his child persists regardless of any purported grievances. It is trite that mere potential of the wife to provide for the child, is not sufficient to exempt the petitioner/husband, who is an able-bodied man, from financially supporting his child,” a bench of justice Amit Mahajan acknowledged within the December 17 ruling, launched later.
The bench added: “The purpose of maintenance is to ensure the financial sustenance of the dependent spouse or child, while balancing the earning capacity of the abled party. Maintenance is not merely for survival, but is aimed at ensuring a dignified existence, consistent with the standard of living enjoyed during the subsistence of the marriage.”
The judgment arose from a person’s plea difficult a metropolis court docket’s October 2021 resolution requiring him to pay ₹25,000 month-to-month upkeep for his youngster till the kid completes commencement or begins incomes. The decrease court docket had additionally directed him to pay ₹10,00,000 as compensation to his spouse and safe her future proper of residence.
The husband’s counsel, advocate Shweta Bari, had argued that the decision was ex-facie perverse, harsh and was handed with out appreciating the truth that no case of home violence was made out in opposition to him within the proof positioned earlier than it. She contended that the monetary burden was unsustainable and claimed the accountability of sustaining the kid must also contemplate the spouse’s incomes potential. Bari additional asserted that paying upkeep to a baby past the age of majority was opposite to legislation.
The spouse, represented by advocate Astha Deep, countered that the husband had failed to supply for her and their minor youngster whereas subjecting her to bodily, emotional, and monetary exploitation.
The excessive court docket dismissed the husband’s arguments, reaffirming that the daddy’s accountability to assist his youngster is paramount and can’t be evaded.
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