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HC: Unemployment & low income not acceptable grounds when it comes to paying maintenance to wife & children under Section 125 Cr.P.C.

 In a Judgment passed recently by Karnataka High Court it was held that father has a personal responsibility to maintain his minor child and the same cannot be shunned by saying that he is working as a coolie.


Case of the Petitioner


The Court was dealing with a revision petition filed by the petitioner, wherein it was prayed to reverse an order passed by a Family Court which directed him to pay Rs. 3,500 to his minor son till he attains the age of majority. The counsel pleaded that order of the Family Court is passed erroneously as it failed to consider the oral and the documentary evidence available on record.


Further it was contended that the petition instituted by his son should not be entertained as they have obtained divorce mutually. Lastly it was submitted that his client is not in a position to pay maintenance to his minor child as he is working as a coolie and his earning a mere amount.


Case of the Respondents

After obtaining a mutual divorce, the husband and wife parted their ways. The child custody was with the mother. It was contended that his father denied to pay maintenance inspite of the fact that he is in a position to maintain him. Thus minor son through his guardian mother initiated proceedings under Section 125 of CrPC for the want of maintenance.


Observation of the Court


In the words of the Court: “It is needless to observe that a father is under a personal obligation to maintain his minor child. Hence, factors unemployment, earning a meager income can’t be an excuse for not maintaining his wife and children. He cannot shirk his responsibility from maintaining the family, in particular, his minor son under the garb of doing a coolie job."

A Hindu is under a legal obligation to maintain his wife, his minor sons, his unmarried daughters and his aged parents, whether he posses any property or not- strengthening the parent-child relationships require work, mutual understanding and efforts.


Parenting is a tough job, but by maintaining a close relationship and open communication with

your children, parents can stay connected to them during all stages of life.


Thus the Court dismissed the present petition and decided to not intrude and set aside the order passed by the Family Court.

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