In a recent ruling, the High Court of Jammu and Kashmir and Ladakh emphasized that a father’s duty to support his minor children remains, irrespective of the mother’s employment status.
The case revolved around a man who contested his obligation to provide maintenance for his children, arguing that his estranged wife, a government teacher with a substantial income, should bear the financial responsibility. Justice Sanjay Dhar, presiding over the case, firmly rejected this plea.
Justice Dhar underscored that the father’s responsibility is both legal and moral, unaffected by the mother’s financial situation. The court maintained that a working mother does not absolve the father from his duty to his children.
The man had been ordered by a magistrate to pay ₹4,500 per month for each of his three children. He appealed to the High Court after the sessions court upheld this order. Claiming a monthly income of ₹12,000 and additional obligations to his ailing parents, the petitioner argued his inability to fulfill the maintenance payments.
The High Court, however, found no evidence to support his claim of a meager income. It was noted that the petitioner, a qualified engineer with international work experience, failed to substantiate his financial incapacity.
Additionally, the petitioner’s assertion that he had transferred his earnings to his wife for property purchases was dismissed due to lack of evidence.
In conclusion, the High Court ruled against the petitioner, reaffirming the father’s duty to provide for his children, and dismissed the petition.
