HC rules, Mothers spend their 'Time and Effort' on raising Children, can't be burdened to pay monetary expenses same as Fathers [Read Judgment]

The Delhi HC observed that the expenses required for maintaining the child of a divorced couple cannot be divided equally amongst parents. While appreciating the time and effort spent by mothers on raising their children, the court said that the expenses that the father pays can not be equal to what the mother pays even if the mother is working.

Facts

The parties tied the knot in 2002 and got blessed with a child in 2004. In 2007, on account of torture by the respondent, the marriage was dissolved. Petitioners (mother and minor child), under Section 125 Cr.P.C filed a petition seeking Rs. 50,000 p.m maintenance for both petitioners.

Trial Court

The Trial Court held that the income of Petitioner 1 (P1) and the respondent are almost the same and P1 was capable of maintaining herself, however, it directed the respondent to pay Rs. 10,000 p.m to Petitioner 2 (P2) from the date of order. The court also held that both the parents are responsible for meeting day to day expenses of the child. Petitioners felt that the trial court had erred in its decision and moved to the High Court.

Appellant’s Contention

The petitioners claimed that respondent earned around 10 lakh a month carrying various businesses whereas P1 worked at a private company and can not maintain a child alone since it takes around Rs. 45,000p.m for maintaining a child. Also, they claimed that maintenance should be paid from the date of application(2010) and not from the date of order(2015).

Respondent’s Contention

The counsel disputed the alleged income of the respondent saying that he earned around Rs. 40,000 whereas P1 earned around Rs. 50,000. Furthermore, the respondent also had to maintain a child born out of his second marriage.

High Court’s Ruling

The High Court rejected that both parents are responsible for maintaining the child’s day to day needs and said that even if the mother is earning, the expenses can not be divided equally among the parents. The Court observed that “A child for her upbringing does not only require money. A lot of time and effort goes into the upbringing of a child. It would be incorrect to hold that both the parents are equally responsible for the expenses of the child. A mother who has custody of a child not only spends money on the upbringing of the child but also spends substantial time and effort in bringing up the child. The trial court has erred in equalizing the effort of both the parents in the upbringing of the child.”

The court acknowledged the fact that initially the respondent did not disclose his real income but during cross-examination, he accepted that he had several other businesses. Also, The court while citing few cases upheld the petitioner's contention that maintenance should be granted from the date of application and not the date of order.

The court finally ordered that P1 is in a position to maintain herself but P2 is eligible for Rs. 20,000 maintenance was payable from the date of application.

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