Court affirms Family Court's order directing father to pay Rs. 6,500 per month to each child, rejects claims of unemployment
In a significant ruling, the Uttarakhand High Court has upheld the Family Court's decision directing Dheeraj Kapoor to pay maintenance of Rs. 6,500 per month to each of his two minor children. The judgment, delivered by Justice Alok Mahra, dismissed the father's plea of financial incapacity and underscored the statutory and moral obligation of a father to maintain his children, irrespective of the mother's income.
The case, stemming from matrimonial discord between Dheeraj Kapoor and his estranged wife Poonam Kapoor, involved two criminal revisions. The father had challenged the Family Court's order, claiming unemployment and arguing that the maintenance amount was beyond his financial capacity. Conversely, the minor children, through their mother, sought an enhancement of the maintenance amount.
Justice Mahra, in his detailed judgment, emphasized the protective and welfare-oriented nature of Section 125 of the Criminal Procedure Code (Cr.P.C.), which mandates maintenance to prevent destitution and vagrancy of wives and minor children. The Court found no merit in the father's plea of unemployment, noting his admission of employment with a substantial salary package. The judgment highlighted that a mere assertion of unemployment is inadequate, especially when the individual is able-bodied and qualified.
The Court further noted that the father's responsibility to maintain his children is independent of the mother's earnings. Despite the mother earning approximately Rs. 93,991 per month, the Court ruled that this does not absolve the father of his obligation. The maintenance amount was deemed reasonable, considering the rising cost of living and the children's needs.
The High Court also rejected the children's plea for an increase in maintenance, stating that the Family Court's decision was based on a proper evaluation of evidence, and no exceptional circumstances warranted an enhancement.
The judgment affirms the Family Court's discretion in awarding maintenance from the date of application, dismissing the father's contention of procedural error. The High Court's ruling reiterates the principle that both parents' incomes are to be considered, but the primary responsibility of maintenance lies with the father, especially when children reside with the mother.
With this judgment, the High Court has set a clear precedent on the maintenance obligations of parents, reinforcing the welfare of children as paramount. The Court's decision mandates the father to clear any arrears within three months, ensuring the children's continued financial support.
Bottom Line:
Section 125 Cr.P.C. - Maintenance awarded to minor children - Father's plea of unemployment not accepted due to evidence of substantial income - Obligation of father to maintain children is independent of mother's earning.
Statutory provision(s): Section 125 Cr.P.C., Sections 397/401 Cr.P.C.
Dheeraj Kapoor v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2834860
