Kid’s maintenance is mother’s liability too, not just dad’s: HC
Term ‘Person’ In Sec 125 Of CrPC Means Both Genders
- Justice Pankaj Purohit of the Uttarakhand High Court delivered a significant judgment in Dehradun, stating that both parents are responsible for a child’s maintenance, not just the father.
- The judgment relied on a recent amendment to Section 125 of the CrPC (Code of Criminal Procedure) that deals with maintenance of spouses, children, and parents. It also interpreted the term “person” to include both genders.
- Senior High Court advocate Kartikey Hari Gupta noted that the court’s interpretation aligned with the legislative intent behind using the term “person” in Section 125.
- The case originated from a petition by Anshu Gupta, a government teacher, challenging a 2013 family court order that required her to provide Rs 2,000 per month in maintenance for her son.
- Anshu Gupta had been married to Nathu Lal in 1999, and they had a son before their marriage was dissolved in 2006 due to differences.
- Nathu Lal, citing financial constraints, sought maintenance to cover education, upbringing, and sustenance for the child. In 2013, the family court directed Anshu Gupta, who was earning Rs 27,000 monthly, to pay Rs 2,000 per month for her son’s maintenance.
- Anshu Gupta remarried after her divorce to Babu Lal and had a son. After Babu Lal’s death in an accident, she had to care for their son and Babu Lal’s parents.
- Gupta’s legal team contested the family court’s decision, arguing that Section 125 of CrPC imposed maintenance duty only on fathers, not mothers.
- In response, Nathu Lal’s counsel contended that the term “person” within CrPC includes both genders and is not limited to “father.”
- Considering Anshu Gupta’s stable job as a government teacher with a salary of around Rs 1 lakh, the High Court upheld the 2013 family court verdict, finding no illegality or impropriety.
- This judgment marks a shift in maintenance laws, recognizing the shared responsibility of both parents, regardless of gender, in supporting their child’s welfare.