NEW DELHI: The Delhi High Court has ruled that a father cannot evade his responsibility to maintain minor children merely because the mother earns more.
Justice Swarana Kanta Sharma observed that the earning capacity of a custodial parent does not reduce their dual role as both caregiver and financial supporter. The court was hearing a petition by a man who challenged an earlier order directing him to pay
`30,000 per month to his wife and Rs 10,000 each for their three minor children. Claiming a monthly income of Rs 9,000 as a homeopathic pharmacist, he argued that his wife earned Rs 34,500 and should bear the financial burden.
Rejecting the plea, the court said maintenance cases must consider social realities, including possible understatement of income.
The judge noted that the working mother was already carrying a dual burden of employment and single-handed childcare. Holding that the father could not escape responsibility, the court fixed consolidated maintenance at Rs 25,000 per month.