Court Reduces Interim Maintenance Payment from Rs. 30,000 to Rs. 25,000 Per Month for Petitioner-Husband
In a significant judgment, the Delhi High Court has upheld the responsibility of both parents to financially contribute to the upbringing of their children, emphasizing that such obligations are not negated by the employment of one parent. The case, titled Hitesh Makhija v. Ritu Makhija, revolved around the interim maintenance for three minor children under the Protection of Women from Domestic Violence Act, 2005.
The petitioner, Hitesh Makhija, challenged the orders of the Trial Court and the Sessions Court, which directed him to pay Rs. 30,000 per month for the maintenance of his children. Makhija argued that his monthly income was merely Rs. 9,000, which he earned as a pharmacist, and contended that his financial incapacity should be considered, especially since his wife, Ritu Makhija, earned Rs. 34,500 monthly. However, the court found inconsistencies in his income claims and noted multiple credit entries in his bank statements, suggesting a higher income potential.
Justice Dr. Swarana Kanta Sharma, presiding over the case, reduced the interim maintenance amount to Rs. 25,000 per month, taking into account the petitioner’s financial position and the statutory obligation of both parents to support their children. The judgment reiterated that maintenance encompasses more than mere subsistence, including education, health, and a standard of living consistent with the parents' means.
The court's decision underscored that the petitioner had attempted to misrepresent his financial capacity, and despite the respondent-wife's earnings, the petitioner could not evade his responsibilities. The judgment also highlighted the dual burden faced by the working parent with custody, who manages both employment and caregiving.
This ruling serves as a reminder of the shared parental responsibilities enshrined in law, emphasizing that both parents must contribute to their children's welfare proportionately to their income. The court clarified that these observations are specific to interim maintenance and will not affect the ongoing trial's merits.
Bottom Line:
Maintenance - Interim maintenance for minor children under Protection of Women from Domestic Violence Act, 2005 - Obligation of both parents to contribute towards children's upbringing proportionate to their income - Father cannot escape responsibility by understating income or misleading the court.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 - Sections 12, 23
Hitesh Makhija v. Ritu Makhija, (Delhi) : Law Finder Doc Id # 2829042
