Unemployment no excuse to avoid child support says Delhi Court

A Delhi court has held that a husband cannot escape his legal obligation to support his wife and minor child merely by claiming that he is unemployed. The court directed a man to pay Rs 6,000 per month as maintenance for his son in a domestic violence case.

Additional Sessions Judge Sheetal Chaudhary Pradhan passed the order while hearing an appeal filed by a woman against a trial court decision that had denied her monetary relief under the Protection of Women from Domestic Violence (PWDV) Act.

The court observed that an able-bodied person cannot avoid maintenance responsibilities by citing unemployment or other personal commitments. It stated that the husband was capable of earning and was therefore responsible for financially supporting his child.

The woman had alleged that she faced dowry harassment, physical assault and mental cruelty after her marriage in 2013. She claimed she was forced to leave her matrimonial home during pregnancy and had been raising her son alone since 2015.

While the appellate court found insufficient evidence to support allegations of physical violence and cruelty, it noted that the husband had failed to provide any financial support for the child over the years. The court emphasised that both parents share equal responsibility for the welfare and upbringing of a minor child.

Rejecting the argument that the woman was educated and therefore capable of supporting herself, the court observed that the ability to earn and actual earnings are not the same. It also noted that the husband had failed to submit his income affidavit despite repeated opportunities before the trial court.

Modifying the earlier order, the court directed the husband to pay Rs 6,000 per month towards the maintenance of his son until he attains the age of majority, reaffirming that financial responsibility towards a child cannot be avoided on the grounds of unemployment.