The Indore bench of the Madhya Pradesh High Court on Wednesday came down heavily on a father who has been resisting his obligation to provide maintenance to his daughter. The division bench led by Justice Vivek Rusia and Justice Binod Kumar Dwivedi remarked that it was "very unfortunate and painful" to see a daughter compelled to approach the court repeatedly just to receive support from her own parent.
Background
The daughter, who is currently pursuing her graduation in Mumbai, has been struggling to meet her educational and living expenses. Instead of providing regular support, the father has filed multiple petitions challenging the requirement to pay maintenance.
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In court, the father claimed that his daughter is being looked after by her maternal grandfather. But the judges observed that the grandfather is an elderly man, and it would be unreasonable to expect him to carry the responsibility indefinitely.
The daughter, present in person, told the court she believes her father has remarried and has a son from that marriage. She argued that it was not her duty to dig into her father’s private life or financial records to prove his responsibilities.
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Court's Observations
The father denied the allegation of remarriage, insisting instead that he had no stable income and therefore could not afford to pay the ₹10,000 per month directed earlier as maintenance.
The judges, however, were not convinced. They noted that if the father’s repeated claims of unemployment and lack of income turned out to be untrue, it would amount to misleading the court.
“If these contentions are found to be false, then the same would amount to misguiding the Court,” the bench observed.
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Decision
To cut through the conflicting claims, the High Court ordered an independent inquiry into the father’s financial status and family details. It directed the Sub-Divisional Officer (Revenue), Indore, along with the Station House Officer of Tilak Nagar Police Station, to visit his residence at Rajshree Vatika, Vandana Nagar, Indore. They were told to prepare a report on the number of family members, list of property, and sources of income.
The matter has been scheduled for further hearing on October 6, 2025, along with other pending petitions. The Deputy Advocate General was instructed to ensure the order is communicated quickly to the investigating officials.
For now, the judges stopped short of giving a final ruling on maintenance, but their words carried a clear message: the father cannot escape responsibility by merely declaring himself jobless without showing proof.
Case Title: KS v. PS
Case Number: FA No. 681 of 2025
