Mumbai: A father cannot avoid his legal responsibility towards his children merely by claiming that he is unemployed, the Bombay High Court has observed while upholding a maintenance order in favour of two minor children.
The Nagpur Bench of the Bombay High Court was hearing a petition filed by a man from Buldhana district who challenged a lower court's direction requiring him to pay a total monthly maintenance of Rs 8,000 which is Rs 4,000 each to his son and daughter.
Father's Plea Rejected
The petitioner argued that he was currently unemployed and financially incapable of supporting his children. He also claimed that he had sold his auto-rickshaw, which was his only source of income, making it difficult for him to comply with the maintenance order.
According to an NDTV report, rejecting his plea, the High Court said that a father cannot evade his obligation towards his children on the ground of unemployment. The bench observed that the upbringing, welfare and future of the children, aged 10 and 7, cannot be ignored.
Court Stresses Parental Duty
The court stressed that providing financial support to children is not only a legal obligation but also a personal responsibility of a parent. It further noted that unemployment or insufficient income cannot be used as a valid excuse to avoid paying maintenance.
The bench also took note of the fact that the father had failed to pay the maintenance amount that had already been determined by the lower court.
Upholding the maintenance order, the High Court reiterated that the welfare of minor children remains paramount and that parents are duty-bound to ensure their financial security and well-being, regardless of their employment status.
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