Minor child’s welfare responsibility of both parents: HC

The Punjab and Haryana high court (HC) has said that it is the responsibility of both the parents to bring up a minor child and look after the child’s welfare, both emotionally and financially

The Punjab and Haryana high court (HC) has said that it is the responsibility of both the parents to bring up a minor child and look after the child’s welfare, both emotionally and financially.

The court, while observing that responsibility lies with both the parents, dismissed the husband’s plea. (Shutterstock)

The HC bench of justice Jaishree Thakur dismissed the plea of a Haryana resident, who had challenged a Mahendergarh family court order of asking the husband to pay an interim monthly maintenance of ₹8,000 to the minor daughter, who was residing with his estranged wife.

The husband was directed by the family court in September on maintenance plea from the child and family court as an interim measure awarded this amount till the final decision, further observing that any amount of interim maintenance awarded was adjustable with any other amount awarded at the time of resolution of dispute.

In the HC, the husband had argued that the wife is working as a nurse and earns ₹12,000 per month. However, the court directed for interim maintenance to him only.

The husband, in the HC, had argued that it is the moral responsibility of both the parents to look after the upbringing and welfare of the minor child, but in the case in hand, he has been burdened with the entire liability to do so.

She too would be responsible for upbringing and welfare of the minor daughter, he had demanded, adding that the matter should be sent to the mediation and conciliation centre for one-time settlement.

The court, while observing that responsibility lies with both the parents, dismissed his plea and said the daughter is residing with the mother and she is providing her all essentials, out of her monthly earning, whereas, the husband is earning ₹36,953 per month as per the records submitted in court.

“Thus, the court is not inclined to interfere with the impugned order (family court order). Needless to say, at the time of final adjudication any payment made will be automatically adjustable,” the court of justice Jaishree Thakur said.

As of demand for mediation proceedings, the HC said the family court could be approached for the same.