The court emphasizes the shared responsibility of both parents in contributing towards the maintenance of their children based on their respective financial capacities.
In a recent ruling by the Allahabad High Court, the bench, presided over by Justice Lakshmi Kant Shukla, upheld a lower court's decision regarding the maintenance claim under Section 125 of the Criminal Procedure Code, 1973. The case involved Archana Rao and her two minor children, who had filed for maintenance against her husband, Awnish Kumar. The Family Court had earlier directed Awnish Kumar to pay Rs. 1500 per month to each of the two children while denying Archana Rao's claim for her own maintenance.
The court's decision was challenged by Archana Rao on the grounds that the awarded amount was inadequate and that she lacked an independent source of income. However, the court found substantial evidence indicating that Archana Rao was earning through coaching and had an income higher than that of her husband. The judgment highlighted that the responsibility of child maintenance is not solely on the father but is a shared obligation between both parents.
Justice Shukla noted, "The obligation to maintain minor children is shared by both parents in accordance with their means and financial capacity. The use of the pronoun 'his' in Section 125 should not be construed as restricting liability to the male parent alone."
The court further emphasized that any maintenance order should consider the social and economic circumstances and ensure it is executable, to fulfill the purpose of justice effectively. The decision reinforces the principle that both parents must contribute to their children's upbringing, and the financial burden should not be placed entirely on one parent when both have the means to contribute.
The ruling underscores the court's approach towards equitable financial responsibilities in child maintenance cases, ensuring both parents are held accountable based on their financial capabilities. The revision petition filed by Archana Rao was dismissed, with the court finding no merit in overturning the Family Court's decision.
Bottom Line :
Section 125 Cr.P.C. - Liability to maintain minor children is not confined to father alone - Both parents are under corresponding obligation to contribute towards maintenance and upbringing of children according to their respective means and financial capacity - Wife having admitted independent income higher than husband, denial of maintenance to wife and grant of Rs.1500/- per month each to minor children upheld.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973, Section 8 of the Indian Penal Code, 1860, Section 2(y) of the Criminal Procedure Code, 1973.
Archana Rao v. State of U.P., (Allahabad) : Law Finder Doc id # 2989234
