Both parents responsible for child maintenance, not just father: HC

A single judge bench in Uttarakhand High Court observed that in cases of divorce both parents shared responsibility over a child

During a ruling at the Uttarakhand High Court, Justice Pankaj Purohit stated that both parents are liable for the maintenance of a child, not just the father, as reported by Times of India.

Justice Purohit's single bench drew upon the recent amendment to Section 125 of the Code of Criminal Procedure (CrPC), which governs the maintenance of wives, children, and parents. In this context, the term "person" is gender-neutral and applies to all genders, thereby placing the responsibility for maintenance on both parents.

The case was initiated by Anshu Gupta to challenge a 2013 family court order that mandated her to pay Rs 2,000 per month for the maintenance of her son. Gupta had married Nathu Lal in 1999 and had a son with him. The marriage ended in divorce in 2006 due to differences, according to Vivek Rastogi, the advocate representing Gupta.

Facing financial constraints, Nathu Lal sought maintenance from Gupta to ensure quality education and overall well-being for their child. At that time, Gupta was earning a monthly salary of Rs 27,000 as a government teacher. The family court consequently ordered her to contribute Rs 2,000 monthly for the child's maintenance.

In the latest petition, Gupta contended that she had remarried a man named Babu Lal and had another son with him. After Babu Lal's untimely death in an accident, she became solely responsible for her second son as well as Babu Lal's parents.

Gupta's legal team argued that the family court's decision, based on Section 125 of the CrPC, erroneously required only fathers to provide maintenance.

In response, Nathu Lal's legal counsel asserted that the term "person" in the CrPC is gender-neutral and applies to both parents.

The Court observed the recent amendment and declared that "a parent, regardless of gender, who has adequate means but neglects or refuses to provide for their minor child, whether legitimate or not, is liable for child maintenance."

Gupta is currently employed as a government teacher and earns around Rs 1 lakh per month. Based on these considerations, the High Court upheld the 2013 family court verdict, confirming that it aligned with the current interpretation of the law.