- A man cannot avoid child maintenance by claiming unemployment, Bombay High Court has said
- The court directed the father to pay Rs 8,000 monthly to his son and daughter
- The man challenged the order citing unemployment and sale of his only income source
A man cannot evade his legal responsibility towards his children merely by claiming unemployment, the Bombay High Court has said while directing a father to pay monthly maintenance to his son and daughter.
The Nagpur Bench of the Bombay High Court was hearing a petition by a man who had challenged a lower court's order to pay maintenance to his children.
The man, a resident of Amravati's Buldhana, was told to pay a total of Rs 8,000 maintenance monthly - Rs 4,000 each to his son and daughter.
He challenged the order and approached the high court, arguing that he was currently unemployed and was unable to provide financial support to his children.
He claimed that he had also sold his auto-rickshaw, which was his only source of income.
The high court, however, said he cannot evade responsibility.
The bench said that raising and supporting children is both a legal and personal responsibility of the father.
The court observed that the upbringing and the future of his children - aged 10 and 7 - cannot be overlooked.
Unemployment or low income cannot be a valid ground to shirk responsibility towards children, the court said.
The court also noted that the father had failed to pay the previously determined maintenance amount to the children.
(With inputs from Pravin Mudholkar)
