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Man cannot evade duty to maintain child citing wife's income: Uttarakhand HC
The Uttarakhand High Court ruled that a father cannot avoid maintenance for his minor child by citing the mother's income or his own liabilities. It upheld a Roorkee family court order mandating ₹8,000 per month in interim maintenance and dismissed the man's review petition, noting the child's right to a standard of living comparable to the parents'.
Why It Matters
This decision reinforces the primacy of a child’s maintenance under Section 125 CrPC, clarifying that parental earnings and liabilities do not excuse ongoing support obligations.
Timeline
2 Events
High Court upholds family court order; dismisses man's review petition
April 21, 2026
The Uttarakhand High Court dismissed the man's review petition and upheld the Roorkee family court's interim maintenance order of ₹8,000 per month, payable from the date of the original application. The court stated that the mother's income is a relevant factor but does not absolve the father of his primary duty, and that voluntary liabilities cannot override a child’s right to maintenance.
Lower court order: Roorkee family court directs father to pay interim maintenance
April 21, 2026
The Roorkee family court issued an interim maintenance order directing the father to pay ₹8,000 per month to his minor child.