May 1, 2019:
Delhi High Court has held that value cannot be put to the time and effort put in by the mother in upbringing of the child and therefore, even if mother is working the percentage of monetary contribution by the father for maintenance of child should be higher.
A bench of Justice Sachdeva has passed the order in case titled LOPAMUDRA KONWAR BHUYAN vs SURAJIT SINGH on 30.04.2019.
Marriage between the parties was solemnized on 23.06.2002 under the Special Marriage Act and a female child was born from the wedlock on 07.03.2004. It is alleged that Petitioner No. 1 was forced to leave her matrimonial house on 03.04.2005 on account of being mentally and physically tortured by the Respondent and his family members. The marriage between the parties was dissolved on 22.03.2007 by way of an ex-parte decree.
When a maintenance application was filed, the trial court granted some relief to the child saying otherwise that both parents are responsible for meeting the day to day expenses, nourishment, medical and other expenses of the child.
When the matter reached the High Court, it commented as “A child for her upbringing does not only require money. A lot of time and effort goes in 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 spent substantial time and effort in bringing up the child. The trial court has erred in equalizing the effort of both the parents in upbringing of the child. One cannot put value to the time and effort put in by the mother in upbringing of the child. No doubt, mother, if she is earning, should also contribute towards the expenses of the child but the expenses cannot be divided equally between the two”.
The High Court therefore opined “The view taken by the trial court that both the parents are responsible for meeting the day-to-day expenses, nourishment, medical and other expenses of the child, in my view is erroneous”.
Read the order here:
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