look news india
While hearing a petition recently, the Jammu-Kashmir and Ladakh High Court said that even if the mother is earning, the responsibility of maintaining the minor children is on the father. Justice Sanjay Dhar said during the hearing that the father is not free from the responsibility of maintaining his children.
A man argued in the court that he does not have enough income to maintain his minor children. He argued that the separated wife i.e. the mother of the children is a working woman who has enough income to take care of the children. However, the court rejected this argument. The court said that being the father of the minor children, it is the legal and moral responsibility of the father to maintain them. It is true that the mother of the children is a working woman and has a source of income, but the fact that he is the father does not exempt the petitioner from maintaining his children.
Father did not provide proof of income
The petitioner father argued in the High Court that his monthly income is only Rs 12 thousand and it is not possible for him to give Rs 13,500 as maintenance to his children. He said that he also has to maintain his ailing parents. The mother of the children was a well-paid government teacher. In view of this, the responsibility of maintaining the children cannot be put on her alone. However, he did not produce any evidence before the trial court to show that he earned only Rs 12 thousand per month.
