In a recent ruling addressing financial responsibility in post-separation family dynamics, a Family Court in Indore, Madhya Pradesh, has held that a father's obligation to maintain his minor children remains unaffected by the mother's employment status. The order, passed on June 30 by the Additional Principal Judge, directs a father to pay monthly maintenance to his estranged wife for the care of their two minor children.
The matter involved a woman employed in the private sector with a monthly income of ₹20,000. She holds a Bachelor of Engineering degree and has been the sole caregiver to her two minor children, a son and a daughter, since 2020, following her separation from her husband due to marital discord. The husband (42 yrs) is employed as an assistant manager with a reputed pharmaceutical company.
The couple’s daughter is under ongoing medical care, having previously undergone cardiac surgery. The woman filed a petition for maintenance on behalf of herself and her children through her counsel, Raghvendra Singh Raghuvanshi.
The petitioners contended that since the separation in 2020, the children had remained in the custody of their mother, who had been independently bearing the burden of their education, healthcare, and daily needs. It was urged that the respondent, despite having a considerably higher income, had failed to discharge his legal duty to support the minors.
While addressing the plea, the court categorically stated that, “Maintenance of minor children is the primary and moral responsibility of a father. In the present case, even though the applicant (wife) is capable of maintaining herself, the responsibility to maintain the two minors lies with the respondent (husband).”
The court took into account that the children were residing with their mother, and that she had been managing their upbringing without financial assistance from the father. Emphasis was laid on the daughter’s medical condition, with the order noting that, “The most significant aspect is that the couple’s daughter has a heart ailment and has already undergone surgery. She continues to require ongoing medical treatment.”
In view of the circumstances, the Family Court directed the respondent to pay ₹22,000 per month to the petitioner towards the maintenance of the two minor children. The amount is to be paid regularly until both children attain the age of majority.
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