Court recognizes financial burdens and caregiving challenges faced by single fathers in maintenance disputes
In a significant ruling on December 15, 2025, the Delhi High Court, presided over by Dr. Swarana Kanta Sharma, J., set aside an order from the Family Court that directed Shri Sumit Sharma to pay Rs. 12,000 per month as ad-interim maintenance to his estranged wife, Smt. Navita. The High Court has called for a reassessment of the maintenance amount, considering the financial burdens arising from deductions for government accommodation occupied by the respondent-wife.
The petitioner, Shri Sumit Sharma, a Head Constable with the Delhi Police, challenged the Family Court's order, arguing that the deductions towards House Rent Allowance (HRA) and water charges for the government accommodation should be factored into the maintenance calculation. Despite occupying the government quarters, the respondent-wife was receiving Rs. 9,828 as HRA and Rs. 719 for water charges, effectively increasing the financial strain on the petitioner, who also supports their two minor children and his aged mother.
Dr. Swarana Kanta Sharma, J., emphasized that the principles of equitable distribution of family income, as laid down in the Annurita Vohra case, must be applied. The court noted that the petitioner was facing significant financial burdens, with a total outgo of Rs. 22,500 per month, against a net income of approximately Rs. 54,000, which was inconsistent with equitable sharing principles.
Acknowledging the caregiving challenges faced by single fathers, the court observed that such roles should not be assessed through a gendered lens. Single fathers, like single mothers, provide essential emotional, psychological, and material support to their children, and their efforts should be recognized equally.
The High Court directed the Family Court to reassess the maintenance amount, taking into account updated income affidavits from both parties and the deductions for government accommodation. It also noted that if the respondent-wife vacates the government accommodation, the petitioner's net salary would increase, necessitating a reevaluation of the maintenance amount.
The ruling signifies an important step in recognizing the complexities faced by single parents in maintenance disputes and ensuring that maintenance orders consider all financial burdens borne by the parties involved.
Bottom Line:
Maintenance proceedings - Ad-interim maintenance order - Compliance with maintenance order must consider all financial burdens borne by the petitioner, including deductions towards Government accommodation occupied by the respondent.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973, Section 19(4) of the Family Courts Act, 1984
Shri Sumit Sharma v. Smt. Navita, (Delhi) : Law Finder Doc Id # 2825327
