Husband Must Pay Maintenance To Wife & Child Living With Her Despite Other Child Staying With Him: Delhi High Court

The Delhi High Court has held that a husband's legal obligation to pay maintenance to his wife and minor child living with her does not get diluted merely because another child from their marriage is residing with him.

Justice Swarana Kanta Sharma observed, “the mere fact that one child is in the custody of the petitioner-husband cannot, by itself, be a ground to absolve him of his obligation to maintain respondent no.1-wife and the minor child residing with her.”

The bench reasoned that responsibility of maintenance does not stand divided merely because each parent has custody of one child.

“If the wife is not working and has no independent source of income, the husband continues to be under a legal obligation to provide maintenance to the wife and the minor child in her custody, irrespective of whether the other child is residing with him,” it added.

The Court was dealing with a criminal revision petition filed by the husband challenging an interim maintenance order passed by the Family Court, granting ₹20,000/- per month in favour of the respondents.

Petitioner argued that both parties were bearing parental responsibilities, with one child residing with each of them. In this backdrop, fastening the entire burden of maintenance upon him is excessive and unreasonable.

Disagreeing, the High Court observed,

“the Court would necessarily take into account the fact that one of the children is residing with the petitioner-husband and that he is bearing the expenses of that child. This factor is relevant for assessing the appropriate amount of maintenance, but it does not, in itself, negate the husband‟s liability to pay maintenance.”

As such, perusing the facts of the case, the Court modified the interim maintenance and directed the Petitioner to pay a consolidated sum of ₹17,500/- per month towards interim maintenance to his wife and child.

Appearance: Mr. L. K. Singh and Mr. Raj Kumar, Advocates for Petitioner; Mr. Rajiv Shrivastava and Mr. Aftab Ahmad, Advocates for Respondents

Case title: P v. A

Case no.: CRL.REV.P. 409/2024

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