Father liable to pay maintenance for children even if unemployed: Bombay HC

NAGPUR: The Bombay High Court has ruled that a father cannot escape paying maintenance for his minor children by citing unemployment, dismissing a man’s plea to reduce the amount.

Justice M M Nerlikar of the HC's Nagpur bench passed the order on Tuesday on the man's application against a lower court order directing him to pay Rs 4,000 per month as maintenance for his two minor children.

The man claimed that while he used to drive an auto-rickshaw to earn his livelihood, he had to sell the vehicle to pay the one-time alimony to his wife at the time of divorce.

He told the HC that he was willing to pay Rs 3,000 each month as maintenance for his children.

The high court, however, said the man cannot avoid paying maintenance to his children on the grounds of unemployment.

"The father has the responsibility to maintain his minor children. A father cannot be absolved from paying maintenance citing his unemployment," it added.

The family court order directing the man to pay Rs 4,000 per month to his children as maintenance cannot be said to be exorbitant, the HC noted while dismissing his plea.