Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court

[03 November 2021]
A Delhi Court observed that the statutory obligation to maintain a child is the paramount wish of a father and he cannot be permitted to limit the same on flimsy or baseless Grounds. Special Judge Deepak Wason also observed that while it is the statutory duty of the husband to maintain his wife and minor child, he cannot take subterfuges to deprive the wife of the benefit of living with dignity and that it’s his responsibility to ensure that the wife and children do not become destitute.

The Court was dealing with an appeal filed by the appellant husband under sec. 29 of the Protection of Women from Domestic Violence Act, 2005 challenging a trial court order dated January 18, 2020. The trial court had awarded an interim maintenance of Rs.15,000 per month in favour of the wife and her minor daughter from the date of the petition till the final disposal. It was also ordered that payment of maintenance has to be made on or before 10th day of each English calendar month. Going through the facts of the case, the Court opined thus: “It is to be kept in mind that after marriage, husband is bound to maintain his legally wedded wife and minor child as per law. There is no reason, not to pay maintenance to her legally wedded wife and minor child. So, the arguments of the appellant seems to be irrelevant at this stage.”