Delhi High Court ruled that a working mother seeking child maintenance is not misusing the law. And held that a qualified father cannot escape child maintenance.
NEW DELHI: The Delhi High Court has made it clear that working mothers cannot be pushed to physical, emotional, and financial exhaustion while fathers attempt to evade responsibility for their children.
The Court rejected the argument that a working woman claiming maintenance for her minor children amounts to misuse of maintenance laws or reflects entitlement.
Justice Swarana Kanta Sharma, while deciding a petition filed by the husband challenging an interim maintenance order, firmly held that courts must recognise the real burden borne by custodial parents, particularly mothers who raise children single-handedly.
The Court categorically observed:
“A Court of law cannot burden, nor does the law mandate, that the working mother should be forced to exhaust herself physically, emotionally, and financially, and allow the father to take refuge behind selective, misleading disclosures about his income and technical pleas.”
The case arose out of a matrimonial dispute involving three minor children. The wife had not sought any maintenance for herself and had only claimed maintenance for the children who were living with her. The husband challenged the interim maintenance order, arguing that since the wife was earning about ₹34,000 per month, her demand for child maintenance was unjustified and showed misuse of the law.
The High Court rejected this argument outright, holding that mere employment of the custodial parent cannot be equated with financial sufficiency. The Court noted that a working mother often carries a dual burden—earning for the household while simultaneously handling the daily care, education, health, and emotional needs of minor children.
The Court explained this reality in clear terms:
“The earning capacity of the working parent, whether husband or wife, in whose custody the minor children are, does not erase or diminish that parent‟s responsibility as a caregiver, who continues to bear the burden of shouldering the dual responsibility of earning as well as being the primary caregiver to the minor children. In such cases, the obligation of the father towards the minor children does not diminish merely because the wife has been forced to shoulder this dual responsibility.”
The High Court also relied on settled Supreme Court jurisprudence. Referring to Padmja Sharma v. Ratan Lal Sharma (2000), the Court noted that when both parents are earning, they must contribute towards the maintenance of their children in proportion to their respective incomes.
Similarly, the Court relied on Rajnesh v. Neha (2021), where the Supreme Court held that even if expenses are shared proportionately when the wife is earning, the primary responsibility for educational and essential expenses of children ordinarily rests with the father.
In the present case, the Court found serious inconsistencies in the husband’s income claims. While he asserted that he earned only ₹9,000 per month, the Court noted that he was a qualified man and that his income tax returns from earlier years reflected a much higher earning capacity. The Court found no convincing explanation for the sudden drop in income projected by him.
Taking these factors into account, the High Court upheld the findings of the Trial Court that the father was liable to maintain his children. However, after reassessing the financial material on record, the Court reduced the interim maintenance from ₹30,000 per month to ₹25,000 per month for all three children.
Explanatory Table – Laws & Sections Applied in the Case
| Law / Provision | Section | Explanation | How Applied in This Case |
| Protection of Women from Domestic Violence Act, 2005 | Section 12 | Enables an aggrieved woman to seek reliefs such as maintenance, protection, and residence | Wife filed DV petition seeking maintenance only for minor children |
| Protection of Women from Domestic Violence Act, 2005 | Section 23 | Empowers court to grant interim and ex parte relief | Trial Court granted interim maintenance pending final disposal |
| Protection of Women from Domestic Violence Act, 2005 | Section 29 | Provides right to appeal against orders of Magistrate | Husband filed appeal before Sessions Court |
| Code of Criminal Procedure, 1973 | Revisional Jurisdiction | High Court power to examine correctness of lower court orders | Husband filed Criminal Revision Petition before Delhi High Court |
| Hindu Law / General Child Maintenance Principles | — | Parents have legal and moral duty to maintain minor children | Court reiterated shared but proportionate parental responsibility |
| Income Tax Act, 1961 | ITR disclosures | Income Tax Returns used to assess real earning capacity | Court relied on past ITRs to assess husband’s actual income |
| Judicial Precedent | Padmja Sharma v. Ratan Lal Sharma (2000) | Both earning parents must contribute proportionately | Relied upon to reject argument of zero father liability |
| Judicial Precedent | Rajnesh v. Neha (2021) | Income concealment invites adverse inference | Applied to reject ₹9,000 income claim |
| Judicial Precedent | Annurita Vohra v. Sandeep Vohra (2004) | Formula for income apportionment | Used to calculate revised maintenance amount |
Case Summary
- Case Title: ABC vs XYZ, CRL.REV.P. 723/2024, Along with CRL.M.A. 16673/2024, CRL.M.A. 6295/2025 & CRL.M.A. 28375/2025
- Court: High Court of Delhi at New Delhi
- Bench: Hon’ble Dr. Justice Swarana Kanta Sharma
- Date Details
- Judgment Reserved On: 23.12.2025
- Judgment Pronounced On: 27.12.2025
- Judgment Uploaded On: 27.12.2025
- Parties: Petitioner: Husband and Respondent: Wife
Counsels
- For the Petitioner (Husband):
- Mr. Amit Gupta
- Mr. Prateek Mehta
- Mr. Kshitij Vaibhav
- Ms. Muskan Nagpal
- For the Respondent (Wife):
- Ms. Shaini Bhardwaj
- Ms. Rukhsar
- Mr. Vedic Thukral
Key Takeaways
- Income Assumptions Hurt Men: Courts still rely on past ITRs and qualifications instead of present, proven income.
- Working Mother’s Contribution Undervalued on Paper: Financial contribution is counted, but caregiving is used to justify higher liability on fathers alone.
- No Penalty for False Income Allegations: Allegations of “concealment” carry consequences only for men, never for exaggeration by the other side.
- Shared Parenting Ignored in Practice: Law speaks of proportional contribution, but enforcement remains father-centric.
- Need for Gender-Neutral Reform: Child maintenance must be based on verified income, shared responsibility, and strict penalties for false disclosures.
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