Despite loans and liabilities from second marriage, father's primary duty to maintain children upheld, with maintenance increased to Rs.3,000 per child per month.
In a significant ruling, the Gujarat High Court has reinforced the primary obligation of a father to maintain his minor children, despite financial commitments arising from a second marriage and loan repayments. In the case of Ajit Kalidas Vaghela v. Minor Yug Ajitkumar Vaghela, presided over by Justice Gita Gopi, the court ordered an increase in maintenance payments from Rs.1,800 to Rs.3,000 per child per month. This decision is effective from July 16, 2019, the date when the father's salary was notified.
Ajit Kalidas Vaghela, the applicant, had challenged the earlier rejection of an application to enhance maintenance by the Family Court, Nadiad. The revision application was filed on behalf of his three minor children by their mother, Daxaben D/o Bhimabhai, who sought an increase in maintenance due to the growing educational and medical expenses of the children.
Justice Gita Gopi emphasized that the father's obligation to maintain his children is paramount and cannot be diluted by other financial arrangements such as loan repayments or liabilities toward a second marriage. The court noted that deductions arising from financial commitments should not reduce the father's maintenance liability.
Despite the father's remarriage and subsequent financial responsibilities, including supporting his second wife and child, the court maintained that the father's duty to his minor children is unassailable. The ruling aligns with the Supreme Court's precedent in Rajnesh v. Neha, which mandates affidavits for disclosure of financial details in maintenance cases.
The court ordered both parties to submit affidavits detailing their financial situations. The father's affidavit revealed his monthly income as Rs.14,800, with additional expenses related to loans taken for medical treatment and to reclaim mortgaged jewelry. The mother's affidavit detailed her expenses for the children, including school fees and medical costs, despite her income as a government teacher.
The judgment acknowledged that while the mother is earning, the father's liability to proportionally share the children's expenses remains intact. Maintenance must ensure reasonable sustenance and dignity for the children, factoring in educational and medical needs.
This decision underscores the legal principle that a parent's obligation to maintain their children takes precedence over other financial commitments, ensuring that children's needs are met adequately.
Bottom line:-
Maintenance for minor children - Father ordered to pay enhanced maintenance amount despite financial commitments towards second marriage and loans - Primary obligation of father to maintain children cannot be diluted by other financial arrangements.
Statutory provision(s): Sections 125 and 127 of the Criminal Procedure Code, 1973
Ajit Kalidas Vaghela v. Minor Yug Ajitkumar Vaghela, (Gujarat) : Law Finder Doc id # 2895006
