The paths of husband and wife have diverged. While all lifeless assets have been divided, there is only pushing and shoving over responsibility for life's most precious asset—the child! Presenting the most tragic example of divorce cases, the Delhi High Court has restructured the definition of who bears responsibility for children. According to the court, a father cannot evade the responsibility of maintaining his minor children just because the mother earns more. Regardless of income differences, both parents have equal legal, moral and social responsibilities toward their children.
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According to a report by a national news media, Delhi High Court Justice Swarnakanta Sharma gave this explanation on the question of maintenance in a divorce case. A person had approached the Delhi High Court challenging a lower court's order. The lower court had directed him to pay ₹10,000 per head for the maintenance of three minor children. Before the High Court, the person stated that with a monthly income of only ₹9,000, he did not have the financial capacity to bear this expense. At the same time, he informed the court that his wife's monthly income was ₹34,500. Therefore, placing the entire burden of children's maintenance on his shoulders alone was not at all reasonable. His allegation was that his wife was misusing this maintenance rule.
In response, the person's wife stated that the court had only directed payment of maintenance expenses for three minor children because the children lived with her. She had not claimed any money as a wife. At the same time, presenting documents to the court, the woman stated that she bore all responsibilities including the children's daily expenses, education, and medical care. Her question to the court was: can a father shirk responsibility for his children by merely citing the logic of earning capacity?
In this regard, dismissing the husband's argument, Justice Swarnakanta Sharma stated that whether husband or wife, earning capacity can never diminish a parent's responsibility. Whether it's an earning-capable husband or wife, maintenance is not the sole responsibility of whoever has custody of the minor children.
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At the same time, the High Court slightly modified the lower court's order, reducing the interim maintenance amount from ₹30,000 per month to ₹25,000. The court also dismissed his allegations regarding his wife's claims. Rather, the court said that his behavior showed 'sense of responsibility' toward the children and an attempt to acknowledge the role of the other parent as well. Experts believe that this directive from the Delhi High Court today has freshly clarified the definition of child maintenance after separation.
