A recent decision of the Bombay HC (Nagpur Bench) has reiterated a Father’s responsibility to pay maintenance to his minor son, even when the wife had left him and was residing separately with the minor son.
Title: Neeraj Kumar Kapoor Chand Jain Vs Sweety
Case No: Criminal Revision Application No.33 of 2017
Coram: V.M. DESHPANDE, J.
The case came before the HC as a Criminal Revision Application from the husband after the wife had secured an Order from the Family Court directing him to pay Rs.7000/- per month to the wife and child. The husband contested the Order of the Family Court stating that the wife had withdrawn co-habitation with him, and an Order for Restitution of Conjugal Rights was secured him from the competent Court at Bhopal. But the wife submitted before the HC that she has already challenged the said Order before the HC at Jabalpur and it was pending. The minor child is a 6-year old boy, and it was laid down before the Court that the father had not taken up any responsibility for his son since June 2012.
The Court went on to consider the income of the husband and dismissed the revision application of the husband, upholding the lower Court’s verdict making him liable to pay Rs. 7000/-. The Court also went ahead and stated that “Rs. 7000/- is also not on the higher side”, considering that “the boy is at an age where he requires more attention on every aspect of his life”.
Some major remarks made by the Court were:
“It is the duty of every father to maintain his minor child.”
“…Father is duty bound to provide al facilities for education and health for his minor son or daughter…”
“The wife may withdraw the company, but that does not absolve the responsibility of the father to provide maintenance to his son or daughter…”