Khushi Gupta
Published on: May 22, 2022 at 13:48 IST
The Allahabad High Court observed “ Father is legally bound to maintain his child according to status and lifestyle and it does not matter if the mother is working or not”.
The Bench of Justice Brij Raj Singh further stated, “That a Father can’t be absolved of his responsibility to maintain the child on the ground that the child doesn’t show affection towards the daughter”.
Observing thus, the Court set aside the order of the Family Court rejecting the woman’s application under Section 125 Code of Criminal Procedure seeking maintenance from the father.
The Family Court denied maintenance on the ground that the Mother was maintaining the daughter and she had sufficient income.
Aggrieved by that order, the daughter filed an Appeal and sought to maintain her Rs.10,000 as maintenance and Rs. 40,00,000 towards marriage and education expenses.
The father argued that the mother had sufficient means to maintain the daughter and he wants to bring the girl into his household.
However, the Court rejected these arguments and remarked that the Family Court’s finding “The child had not shown compassion towards the father has no substance.”
Accordingly, the Court set aside the impugned order and directed the Family Court to pass a fresh order on the application of maintenance.