Delhi High Court Reaffirms Father’s Legal Duty to Maintain Minor Children
Interim Maintenance Reduced to ₹25,000 for Three Children | CRL.REV.P. 723/2024
In a significant judgment strengthening the rights of minor children, the Delhi High Court has reaffirmed that the obligation to maintain children is not merely statutory but also a legal, moral, and social responsibility of both parents.
The ruling was delivered by Justice Dr. Swarana Kanta Sharma in A v. B, CRL.REV.P. 723/2024, decided on 27 December 2025, while hearing a criminal revision petition challenging an interim maintenance order passed under the Protection of Women from Domestic Violence Act, 2005.
Key Highlights of the Delhi High Court Judgment
The Court upheld the father’s obligation to pay maintenance for three minor children
Interim maintenance was modified from ₹30,000 to ₹25,000 per month
Maintenance applies collectively to all three children
The Court rejected the husband’s claim of earning only ₹9,000 per month
Income concealment by the husband was strongly criticized
Background of the Case
Marriage solemnized on 26 January 2014
Three children born out of the wedlock (two daughters and one son)
Wife alleged dowry harassment, economic abuse, and domestic violence
Proceedings initiated under Section 12 of the PWDV Act, along with interim relief under Section 23
Trial Court awarded ₹30,000 per month interim maintenance
Sessions Court dismissed husband’s appeal under Section 29 of the DV Act
Husband approached the Delhi High Court in revision
Delhi High Court on Maintenance of Children
The Court categorically held:
“Obligation to maintain minor children is not only a statutory duty but also a legal, moral, and social responsibility of both parents.”
The High Court relied on landmark Supreme Court judgments including:
Rajnesh v. Neha (2021) 2 SCC 324
Padmja Sharma v. Ratan Lal Sharma (2000) 4 SCC 266
It emphasized that:
A working mother’s income does not absolve the father
Maintenance includes education, healthcare, dignity, and overall development
Maintenance is not charity or alms, but a child’s right
Income Concealment Strongly Criticised
The Court examined the husband’s Income Tax Returns and banking records and found:
Annual income between ₹4.5–5 lakhs
Monthly income exceeding ₹40,000
Possession of credit card and unexplained bank credits
Claim of earning ₹9,000 held to be false and misleading
The Court observed:
“A working mother cannot be forced to exhaust herself physically, emotionally, and financially while the father hides behind selective disclosures.”
Why the Maintenance Amount Was Modified
While affirming the liability, the Court reduced the quantum by applying the formula laid down in Annurita Vohra v. Sandeep Vohra (2004 SCC OnLine Del 192).
Income assessed conservatively at ₹40,000 per month
Interim maintenance fixed at ₹25,000 per month
Clarified that observations are limited to interim stage only
Legal Insight: What This Judgment Means for Delhi Cases
This judgment is extremely important for:
Domestic violence cases in Delhi
Maintenance and interim maintenance petitions
Child custody and child support disputes
Cases involving income concealment by husbands
Matters before Karkardooma Court, Saket Court, Tis Hazari & Patiala House Courts
It reinforces that fathers cannot evade child maintenance by under-reporting income.
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