Father must maintain children even if mother earns more: Delhi High Court

New Delhi (The Uttam Hindu): The Delhi High Court has made it clear in an important ruling that a father cannot be relieved of his responsibility to maintain his minor children even if the mother earns more than him. The court stated that raising children is a legal, moral, and social duty of both parents, and higher income of one parent does not cancel the responsibility of the other.

A bench led by Justice Swarana Kanta Sharma observed that when the mother has custody of the children and earns more, she is already handling a dual responsibility of earning and providing primary care. In such a situation, the father cannot escape his obligation by hiding his income or raising technical arguments. The court added that the law does not allow a working mother to be burdened physically, financially, and mentally while the father avoids his duties.

The ruling came while hearing a petition filed by a man challenging a lower court’s order. In December 2023, the trial court had directed the husband to pay interim maintenance of ₹30,000 per month for his three children. This order was later upheld by the sessions court. The High Court dismissed the father’s plea and confirmed the earlier decisions.

The petitioner claimed that his monthly income was only ₹9,000, while his wife earned ₹34,500 per month. He argued that placing the entire financial responsibility on him despite the wife’s higher income was against legal principles and accused her of misusing the law.

The wife, however, told the court that she alone was managing the children’s education, healthcare, daily needs, and overall care. She maintained that a father’s responsibility toward his children can never end, regardless of the mother’s income. Agreeing with her arguments, the court said her stand reflected responsibility, not dependency, and affirmed that she had the right to remind the father of his parental duties.

Through this judgment, the court sent a clear message that child upbringing is a shared responsibility of both parents, and no one can unilaterally walk away from it.