Maintenance is father’s duty even if mother earns more: Delhi HC

The woman argued that the maintenance awarded was solely for the three minor children in her custody.

The Delhi High Court has held that a father cannot be absolved of his duty to maintain his minor children merely because the mother earns more than him, ruling that the obligation to support children is a legal, moral and social responsibility of both parents.

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A bench of justice Swarana Kanta Sharma delivered the verdict on Saturday, while dismissing a man’s challenge to an order directing him to pay interim maintenance for his three minor children.

“The earning capacity of the working parent, whether husband or wife, in whose custody the minor children are, does not erase or diminish that parent’s responsibility as a caregiver, who continues to bear the burden of shouldering the dual responsibility of earning as well as being the primary caregiver to the minor children,” the court observed. It added that in such circumstances, “the obligation of the father towards the minor children does not diminish merely because the wife has been forced to shoulder this dual responsibility.”

It further cautioned against placing an unfair burden on working mothers. “A court of law cannot burden nor does the law mandate that the working mother should be forced to exhaust herself physically, emotionally and financially, and allow the father to take refuge behind selective, misleading disclosures about his income and technical pleas.”

Justice Sharma delivered the verdict while dealing with a man’s petition against the trial court’s March 30, 2024, order directing him to pay ₹10,000 each as interim maintenance to his three minor children.

The couple married in January 2014 and have three children, including two daughters and a son. Following allegations of physical, emotional and economic abuse, the couple separated, after which the woman filed a complaint under the Protection of Women from Domestic Violence Act and sought maintenance for the children. In December 2023, the trial court directed the husband to pay ₹30,000 per month as maintenance until the domestic violence case was decided or the children attained majority. The man’s appeal against this order was dismissed by a sessions court in March 2024, prompting him to approach the high court.

At the high court, the man contended that he lacked the financial capacity to pay interim maintenance, claiming that his monthly income was only ₹9,000, while his wife earned ₹34,500. He argued that placing the entire burden of maintenance on him, despite his wife’s higher income, was contrary to the established principles on maintenance laws.

Opposing the plea, the woman argued that the maintenance awarded was solely for the three minor children in her custody and that her own earnings did not absolve the father of his responsibility. She said the entire day-to-day responsibility of raising the children, including their education, medical needs and overall welfare, rested with her.

While the court modified the trial court’s order by reducing the total maintenance payable from ₹30,000 to ₹25,000, it rejected the man’s contention that the wife’s application amounted to misuse of the law. The court held that her conduct did not reflect entitlement or dependency but a legitimate effort to ensure that the father discharged his responsibility towards their children.

“The conduct of the wife in the present case does not reflect entitlement, but a sense of responsibility towards the children born from the wedlock,” the court said, adding that it was an attempt to make the other parent realise his obligation towards the children.