Introduction:

In a recent verdict, the Jharkhand High Court emphasized a father’s obligation to provide financial support to his children, regardless of the mother’s employment status. Justice Subhash Chand clarified that a father remains liable for child maintenance even when the mother is employed and self-sufficient. The case involved a revision petition challenging a Family Court order directing the father to pay monthly maintenance for his two children.

Arguments:

The husband contested the maintenance order, claiming unemployment and highlighting his wife’s employment. However, evidence presented revealed his current job in an NGO, and the court observed a lack of income disclosure by the husband. The burden of proof, under Section 106 of the Evidence Act, lay on him. The court drew an adverse inference, considering the husband’s earlier role as a Loan Manager and his failure to deny an annual income of Rs.10 lakh from ancestral agricultural land.

Court’s Judgement:

The Jharkhand High Court dismissed the revision petition, affirming the Family Court’s decision. It noted that the husband’s responsibility was limited to supporting his two children and concurred with the lower court’s finding that the maintenance amount was not disproportionate. The court considered factors such as the ancestral land and the husband’s NGO job, emphasizing the father’s continuing responsibility for child

support.