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Delhi High Court: Maintenance of child cannot be exempted on the ground of sufficiently well earning of other Spouse

The Delhi High Court recently upheld the law that the spouse has to contribute towards the maintenance of the minor child and the spouse cannot be exempted from contributing towards the maintenance on the ground that the other spouse with whom the minor child is living earns pretty well.
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The Delhi High Court recently upheld the law that the spouse has to contribute towards the maintenance of the minor child and the spouse cannot be exempted from contributing towards the maintenance on the ground that the other spouse with whom the minor child is living earns pretty well.

Justice J.S.Mehta stated that there is no conflict in the question of maintenance as it is already settled by the law that both the parents have obligation- legal, social and moral to provide their children with best education and standard of living. Simply because of the reason that the parent with whom the child his living has a sufficient source of income for both of them does not absolve the other parent from his obligations.

The Petition was filed by the husband challenging an order passed under section 12 of the Protection of the Women from Domestic Violence Act (DV Act) for  paying maintenance of Rs 40,000 per month to the wife.The complaint was initially filed by the wife against husband, mother-in-law and sister-in-law for dowry harassment.

It was submitted by the Petitioner that the wife of the Petitioner has a decent source of income herself and that the maintenance amount ordered by the Trial Court was too high. He further submitted that the order was passed in the mechanical order.

The court in this matter observed that though there is no denial of existence of marriage or denial of paternity by the petitioner there is no reason as to why he is to be exempted from paying the maintenance. The court further ordered the trial court to dispose off the wife’s complaint in six month times.

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Reviewed by:
Mehak Sharma
Published on 15th Nov, 2017
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