Bombay High Court: Husband is obligated to maintain minor child even if wife leaves him

  • The Nagpur Bench of Bombay High court has ruled that a father cannot run away from the responsibility nor can he be allowed to skip his obligations to maintain his son or daughter and father is duty-bound to provide all facilities, including better facilities for education and health for his minor child.

    Applicant’s advocate argued that it was his client’s wife who had voluntarily withdrawn from the company of her husband and hence was not entitled to maintenance

    Also, his client has filed a petition filed under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights which was allowed by a Bhopal Court on January 16, 2016.

    The Court held that it is the duty of every father duty to maintain his minor child, the court said: “In the present case, it is established on record that from 12.6.2012 present applicant, who is a father of minor son Aryan, has not shouldered his responsibility to provide even the basic amenities to his son. It is not the case of applicant/father that he has provided any financial aid to his wife in order to show that he has shouldered his responsibility as a father. In that view of the matter, the present applicant cannot agitate the issue before this Court on the ground that his wife has withdrawn her company from his society. The wife may withdraw the company, but that does not absolve the responsibility of the father to provide maintenance to his son or daughter.”

    In the instant matter court passed an order of maintenance of INR 7,000 per month and an additional cost of INR 25,000 was imposed.


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