Father’s responsibility does not end even if wife earns, know in which case this comment of High Court

New Delhi: Punjab Haryana High Court has said that a man cannot escape the responsibility of raising his/her child because his/her wife is earning well. While making the above comment, Punjab Haryana High Court has said that even if a person has a child with his/her wife and the wife earns enough, that person will have to take the responsibility of his/her child.

High Court rejected husband’s argument

In this case, the High Court rejected the argument of the petitioner husband, in which the petitioner had said that his/her daughter lives with his/her wife. his/her wife lives separately from him/her. his/her daughter is in the custody of his/her wife and she earns enough. She can support her daughter along with herself. The High Court said that even if the child’s mother is earning, the child’s father cannot escape his/her responsibility.

The High Court has said in its decision that the provision under Section 125 of CrPC is a means for social justice, so that women and children can be protected. In case of separation, this provision ensures protection to them in life. No woman’s husband or child’s father can escape from his/her responsibility. his/her responsibility is to take care of his/her wife and child. This is his/her family and moral responsibility.

Order given to pay Rs 7 thousand per month

In the present case, the family court had directed the petitioner to pay Rs 7,000 per month for the care and expenses of his/her daughter. The petitioner had filed an application in the High Court against this decision and challenged it. The petitioner had said that his/her income is Rs 22 thousand per month. Six people depend on him/her. It was also said that the girl’s mother has sufficient income so she can take care of herself and her daughter.

The High Court has given instructions to pay maintenance allowance in the interim order. Earlier, the Family Court had said that the girl is a minor and there is no independent source of income from which she can get support. In such a situation, it is the duty of the girl’s father to fulfill his/her responsibilities. It is his/her moral and legal responsibility to bear the expenses for the care of his/her daughter. It is the responsibility of the petitioner to ensure the standard of living of his/her daughter who is away from him/her. And the girl’s father has been directed to pay Rs 7,000 per month to his/her daughter for her expenses. The High Court refused to interfere in this decision and rejected the petitioner’s application.

Decision in matrimonial dispute precedent

Maintenance can be demanded under CrPC, Hindu Marriage Act, Hindu Adoption and Maintenance Act and Domestic Violence Act. If there is a disagreement between husband and wife over some issue and the wife wants maintenance from the husband for herself and her children, then she can file an application for maintenance under Section 125 of CrPC. In a historic decision given in 2014, the Supreme Court had said that it is the duty of the husband to provide financial support to his/her estranged wife, even if he/she has to do physical labor to do so. The wife has the right to live the same life as she lived in her husband’s house. The High Court has made it clear in the present decision that under Section 125 of CrPC, a father cannot escape the responsibility of his/her daughter. These decisions are precedent in case of matrimonial disputes.