Even after paying permanent allowance to wife, husband has bounden duty to provide maintenance for befitting upbringing of child

Rupak Chowdhury Vs State of Assam

Gauhati HC

22/01/2019

Criminal Revision Petition No. 78 of 2017

About/from the judgment:

The High Court dismissed a revision petition filed by a husband against the order of the family court whereby the monthly amount payable by him towards the maintenance of his son was increased from Rs 2,000 to Rs 5,000.

 

A petition between the parties was disposed of by the family court whereby the husband was directed to pay a monthly maintenance of Rs 2,500 to his wife and Rs 2,000 to their minor son. Subsequently, the parties got divorced under Section 13 of the Hindu Marriage Act, 1955. The husband paid a permanent alimony of Rs 5 lakhs to the wife. After the divorce, the wife filed a petition under Section 127 CrPC for enhancement of maintenance allowance to the minor son which was allowed by the family court in the terms mentioned above. Aggrieved thereby, the husband filed the present petition.

 

Advocates for the husband submitted that the enhancement of 300% was on a higher side and he had other liabilities to discharge. Per contra, Advocates appearing for the wife contended that the objection raised by the husband was not maintainable.

 

After taking the husband’s salary into consideration, the High Court was of the view that the enhancement of the maintenance by the court below did not require interference. The observed, “in the context of liability, the maintenance always carries the meaning that it should be adequate to the needs of a person and according to the status and income of the person concerned. The child of the petitioner who was enrolled in an English Medium School cannot be stopped to carry on such education by showing inability by his parents. It is bounded duty of a father to upbringing the child in a befitting manner without hindering his mental health as well as physical one. If the father denies such required amount, it will be nothing but denial of such mandatory requirement of a child for proper upbringing.” In such view of the matter, the revision petition was dismissed and the husband was directed to pay Rs 5,000 per month maintenance for the minor son.

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