Father Cannot Avoid Child Support Due to Unemployment, Says Bombay High Court
In a significant ruling emphasizing parental responsibility, the Bombay High Court has held that a father cannot escape his duty to financially support his children simply by claiming that he is unemployed.
The Nagpur Bench of the Bombay High Court was hearing a petition filed by a man from Maharashtra’s Buldhana district, who challenged a lower court order directing him to pay a monthly maintenance of ₹8,000 for his two children — ₹4,000 each for his son and daughter.
The father argued that he was currently unemployed and had even sold his auto-rickshaw, which had been his only source of income, making it difficult for him to provide financial support.
However, the court rejected his plea, stressing that caring for and supporting one’s children is both a legal obligation and a moral responsibility. The bench observed that the welfare, upbringing, and future of the children, aged 10 and 7, cannot be compromised due to a parent’s financial difficulties.
The court further noted that unemployment or limited income cannot be used as a valid excuse to avoid child maintenance responsibilities. It also pointed out that the father had failed to comply with earlier maintenance orders.
Upholding the lower court’s decision, the High Court reaffirmed that the interests and well-being of children must remain a priority, regardless of a parent’s employment status.
News source: Information for this article was gathered from a variety of reliable news outlets.
