Nagpur: The Bombay High Court has ruled that an unemployed father cannot evade his legal responsibility to provide maintenance for his minor children, dismissing a petition seeking a reduction in the amount ordered by a family court.
The case was filed by a resident of Maharashtra’s Buldhana district who challenged a family court order directing him to pay Rs 4,000 per month to each of his two minor children, taking the total monthly maintenance to Rs 8,000.
The petitioner argued that he had previously earned a living as an autorickshaw driver but was no longer employed. According to his submission, he had sold his vehicle to arrange the lump-sum payment required as part of the divorce settlement with his former wife. Claiming that he currently had no source of income, he sought a reduction in the maintenance amount and expressed willingness to pay Rs 3,000 per month to each child instead.
However, the Nagpur Bench of the Bombay High Court rejected the plea and upheld the family court’s order. Justice M.M. Nerlikar observed that a father’s obligation to support his minor children does not disappear merely because he is unemployed.
The court underscored that the welfare and protection of minor children remain a legal responsibility that cannot be avoided on the grounds of joblessness. It further held that the maintenance fixed by the family court was reasonable and could not be considered excessive in the circumstances of the case.
With the ruling, the High Court reinforced the principle that parents remain legally bound to provide financial support to their minor children, regardless of changes in their employment status, and declined to grant any relief to the petitioner.