In a compassionate ruling, the Punjab and Haryana High Court has upheld that a father's financial duty to his child remains steadfast, even when the mother earns a stable income. The verdict, delivered by Justice Sumeet Goel, serves as a reminder of a parent’s enduring responsibility to their child, affirming that financial support is a shared duty, regardless of who holds custody or income levels.
The case arose when a father contested an order requiring him to pay interim maintenance for his young daughter. His argument rested on the fact that his daughter was in the custody of his financially secure wife. However, Justice Goel highlighted that a mother's financial standing does not release a father from his fundamental obligation toward his child. Emphasizing Section 125 of the Criminal Procedure Code (CrPC), Justice Goel pointed out that this provision, a pillar of social justice, exists to protect women and children from the hardships of poverty and destitution.
“Section 125 Cr.PC is intended to prevent vagrancy and destitution among women and children,” Justice Goel stated. “A father with sufficient means cannot disregard his moral and familial responsibilities. Providing for one’s children, regardless of circumstance, is non-negotiable.”
The petitioner, earning a monthly salary of ?22,000, argued that his financial constraints and multiple dependents made it difficult to comply with the family court's directive to pay ?7,000 as interim maintenance. Still, the court underscored that interim maintenance is a temporary but necessary measure, ensuring that children’s immediate needs are met until a final decision is made. The ruling reinforced that a child's right to a decent standard of living is paramount, irrespective of parental conflicts.
As Justice Goel dismissed the petition, he affirmed the family court's decision, emphasizing that both parents should contribute to their child’s upbringing. The outcome brings comfort to many single or separated parents who, even if economically stable, can now rely on the courts to uphold fair support from their partners.
Represented by Advocate Rahul Garg, the petitioner left with a clear message: parenthood is a shared journey, and supporting one’s child is a commitment that transcends economic conditions.
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