It is the moral and legal duty of the husband to maintain the children even when the wife is earning: Delhi HC

In the instant case the petitioner being a Muslim male married the respondent who is a Christian female. Their marriage was solemnized in 2004 in accordance with the principles of Nikkah. Their marriage was registered under Special Marriage Act 1954. There were a total of four children, two being born and begotten from this marriage and two other who existed before the marriage of the said persons. In 2015 after their separation the respondent took care of the two children born out of this marriage and also of the minor daughter born from the previous marriage of the petitioner.

Allegations of domestic violence were put against the petitioner under the Domestic Violence Act 2005. The trial court awarded the payment of Rs 60,000 per month to the respondent as it was concluded from the income affidavits and other arguments that the income of the petitioner was not less than two lakh per month. An appeal was filled against the said order where he stated that the petitioner is not earning any sum of money as the business of the petitioner was taken up by the respondent. The Delhi HC was hearing a revision petition against the order of Sessions and Trial court. It was found that the petitioner has concealed the facts relating to his income and expenditure.

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The court was of the opinion that the mother who has the custody of the child not only spends money on her children but gives her time, nurtures them and grow them into smart human beings. The court also referred to the judgement of Bhuwan Mohan Singh vs. Meena. The court observed that even if the wife is working and earning does not absolve the husband from his liability to maintain his children. The expenditure of the children and respondent herself is much more than the interim maintenance provided to her, it is the respondent who with her own resources is bearing the expenses of the children. Therefore the plea of the petitioner is dismissed.

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