In a significant ruling on child maintenance, the Bombay High Court (Nagpur Bench) enhanced the monthly maintenance payable to a minor child from ₹15,000 to ₹30,000, stressing that a child is entitled to live in accordance with the financial status of both parents.
Background of the Case
The case arose from a criminal revision application filed by a minor child, represented through his mother, seeking enhancement of maintenance awarded by the Family Court, Nagpur.
The parents, both medical professionals, have been living separately. The child, aged about 14 years, resides with the mother, who has been bearing day-to-day expenses including education, medical needs, and other developmental costs.
The Family Court had earlier granted ₹15,000 per month as maintenance. Dissatisfied with the amount, the applicant approached the High Court seeking an increase to ₹50,000, arguing that the father, a Senior Medical Officer earning approximately ₹1.5 lakh per month, had the financial capacity to contribute more.
Justice Urmila Joshi-Phalke examined the financial status of both parents and the needs of the growing child. The Court noted that while both parents are earning, the father’s income is significantly higher and no other dependents rely on him.
The bench emphasized that maintenance is not limited to basic survival but includes education, healthcare, extracurricular activities, and overall development.
Read also:- Supreme Court Clarifies Arbitration Law: ‘Can’ in Contract Clause Does Not Force Parties Into Arbitration
“The obligation to maintain a child is not merely statutory but also moral and social,” the Court observed, adding that a child should not feel deprived when living with one parent.
The Court also highlighted that a mother’s contribution cannot be measured only in monetary terms. Her role in caregiving, emotional support, and daily upbringing carries equal weight.
Rejecting the idea of rigid formulas, the Court stated that maintenance must be determined based on the specific facts of each case. It further reiterated that even if the mother is earning, it does not absolve the father of his primary responsibility.
Read also:- Supreme Court Restores Subsidy Relief to Deesa APMC, Orders Full Payment in Cold Storage Scheme Dispute
The Court took into account:
- The father’s admitted monthly income of around ₹1,50,000
- The mother’s income of approximately ₹70,000–₹80,000
- The child’s age and increasing educational and personal needs
- Evidence showing the mother bearing the primary responsibility of upbringing
It was also noted that the father had no significant financial liabilities apart from the child.
Allowing the revision application, the High Court held that the earlier maintenance amount was inadequate.
“The financial responsibility towards the upbringing of the minor child is to be shared more by the father,” the Court stated.
The Court enhanced the maintenance to ₹30,000 per month, payable from the date of the original application (7 December 2016) until the child becomes independent. Additionally, ₹10,000 was awarded towards litigation expenses.
Case Details
Case Title: Mast. MPB v. Dr. PMB
Case Number: Criminal Revision Application No. 147 of 2023
