On January 12, 2023, the Punjab and Haryana High Court, while dismissing a petition filed against an order granting maintenance of Rs. 15,000/- to the minor son, observed that the father was equally responsible for the maintenance of the son and he could not absolve from his responsibility.
Brief Facts:
The present petition was filed by the petitioner seeking a quashing of the order dated 29.10.2018 whereby, JMIC Kharar, granted a maintenance of Rs.15,000/- to the minor son of the petitioner.
Contentions of the Petitioner:
The counsel for the petitioner submitted that the mother of the child was a school teacher and was earning Rs.80,000/- per month, thus, the amount of maintenance fixed by the court was excessive and needed to be reduced.
It was further submitted that although the petitioner was working with Bharat Sanchar Nigam Limited and was getting a gross salary amounting to Rs.1.51 lakh, could not be subjected to the liability towards his minor son because he was staying with his mother and the mother being school teacher was getting a salary of about Rs.80,000/-.
Observations of the Court:
The Hon’ble court observed that the salary of the petitioner at the time of passing the impugned order was Rs.60,000/- and during the present petition, his monthly income was Rs.1.51 lakh. Moreover, the son of the petitioner was born on 08.03.2012 and was staying with his mother, having a gross income of Rs. 80,000/-, and not with the petitioner.
It was additionally observed that the child belonged to a well-placed family and it could not be expected that the cost of living of a child of a well-placed family was less than Rs. 15,000/-, especially when the cost of living was so high.
The court further added that the father was equally responsible for the maintenance of the son and he could not absolve from his responsibility. Moreover, it appeared that the petitioner was trying to deflect from his responsibility which was not permitted and appreciated by the court.
The Decision of the Court:
The petition was dismissed and the order passed by the JMIC, Kharar, ordering maintenance of Rs. 15,000/-, was upheld.
Case Title: Bhupinder Singh Vs. Amitoj Singh Through His Mother
Coram: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Case No.- CRR-545-2019 (O&M)
Advocate for Petitioner: Mr. Sumeet Jain
Read Judgement @LatestLaws.com
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