High Court: A capable father cannot evade his obligation to maintain his minor children by using unemployment as an excuse. The Court ruled that a sum of ₹6,500 per child would be required neither an increase nor a decrease in this amount is warranted.
In a significant ruling the Uttarakhand High Court clarified that a capable or qualified individual cannot shirk the responsibility of caring for their minor children merely by citing unemployment. The Court observed that a capable person possesses the capacity to earn an income and remaining willfully unemployed cannot serve as a valid ground to evade one’s legal obligations.
The case originated in the Family Court of Haridwar, where the father had been ordered to provide financial assistance of ₹6,500 per month for his two minor children. Challenging this order the father cited his precarious financial condition and unemployment even as his children required greater financial support for their sustenance. During the proceedings the Court noted that the father possessed work experience and was a qualified MCA graduate. Furthermore he had previously received a job offer from a foreign company and had even acknowledged earning an income of approximately ₹64,000 per month. Consequently the Court deemed his claim of unemployment to be false and dishonest.
The Court further stated that the mother’s earnings do not diminish the father’s responsibility. When the children reside with their mother who is bearing their daily expenses it remains the father’s independent and legal duty to provide for their maintenance. The Court ultimately ruled that a sum of ₹6,500 per child is required, and that neither an enhancement nor a reduction in this amount is necessary.
