Chaini Parwani –
Published On: October 24, 2021 at 13:15 IST
The Nagpur Bench of the Bombay High Court dismissed the Appeal filed by a Nagpur-based school teacher questioning Local Family Court’s Order, directing him to pay ₹5,000 per month to his son as Maintenance.
A Division Bench of Justice AS Chandurkar and Justice GA Sanap observed that “Even if it is Assumed for the sake of argument that there are some other persons dependent on him (father), the Petitioner (son) must be the first priority of the Respondent in the matter of Maintenance.”
The school teacher moved to the High Court challenging the Family Court Order of January 9, 2019, directing him to pay ₹5,000 per month to his son, a student of IIT Dhanbad.
Further the school teacher’s son also moved High Court for upgradation in the Maintenance noted by the Family Court, arguing that it was too meagre to meet even his basic requirements.
The school teacher challenged the maintenance Order primarily claiming that the Family Court did not consider factual aspects as his aged Mother, Divorcee sister and her Daughter who were completely dependent on him and that his Son was fully supported by his Mother.
However, the High Court declined to consider the Contention and Observed that the son must be the first priority for the father when it comes to Maintenance.
The Bench granted the Son’s Plea that the amount of ₹5,000 per month was meagre and was required to be upgraded considering the fact that the son was studying in a different city and enhanced the maintenance amount to Rs. 7,500 per month.
Further the Court has ordered the father to pay the Enhanced amount from October 27, 2015 – the day the son filed a Plea for the Maintenance of ₹15,000 per month before the family court at Nagpur – and clear the Arrears in Three Months.
Also Read: Landmark Judgements on Maintenance of Children
