1) both husband and wife have to shoulder responsibility for child maintenance in proportion to their income
2) husband has to pay some maintenance fir the child
Can a wife earning more than husband claim maintenance for child
I have filed under DV act against my husband and claimed interim maintenance for my child. This was denied by the MM since I am earning much more than my husband. I filed an appeal in Sessions judge but application was dismissed again, order stated that though it is responsibility of both husband and wife to maintain the child but there is no requirement of awarding any interim maintenance since child is in my care and I have good enough income to be able to maintain him. Moreover the judgement on which we had relied can be be looked on for guidance but is not an authoritative pronouncement for laying down principle of law. We had submitted the judgement Dr A Jairam VS Dr A Suman (2005) 2 HLR 659. Please guide me on this... since I am earning well (3 time more than my husband) so does it mean as per law, he will not give any maintenance for the child... interim or otherwise?? It seems unfair cause I think this will just encourage men to marry, have children and dump all responsibilities on the earning wife and get a divorce!! Please guide..
Asked 8 years ago in Family Law
Religion: Hindu
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6 Answers
1. As per law both wife and husband have equal responsibility to maintain their children.
2. Ordinarily, the Court directs both the husband and wife to share the amount incurred for the maintenance of their child.
3. In the instant case, the wife earns three times of her husband's earning. So, the Court could have awarded 1/4th of the amount required for the maintenance of the child.
4. However, you can challenge the said order passed by the Sessions Court before the High Court.
1. The quantum of your earnings is no consideration while deciding the liability of father to maintain child.
2. Since in this case you are financially independent your husband is is solely responsible and his liability is proportional or the maintenance is to be equally divided between his parents.
3. So challenge the order in high court to get justice which you will surely receive.
All the best.
Both have to contract and provide for the maintenance and welfare of child. This has to be in proportion of their earnings. This judgement granted in your case is unsustainable, challenge it before the High Court.
Hello,
AS per the law of the land both the husband and wife have equal responsibility towards the child and they have to shoulder equally.
The husband will have to pay some share of maintenance in the instant case also, that maintenance will be for the child and not for the mother.
Regards
However, if such order is passed by the court, and you are not satisfied then you may file an appeal in the High Court with regards to the same.
Regards