Making an astonishingly logically sound argument albeit not sounding sexist, the Delhi High Court has held that parents are not ‘equally’ responsible for a child’s expenses. In a case wherein the mother was granted custody of the child,the court held that the mother spends a lot of time with the child in his upbringing and it is not just financial but she also dedicates time and energy in order to make a child grow up. Thereby, the contribution of both parents to be ‘equal’ in financial contribution towards a child’s expenses does not arise as the mother is contributing via other means.

Also, the mother was awarded maintenance for the child at a mere Rs. 10,000 p.m and this order of the District Court was appealed by her in the Delhi High Court and the Delhi High Court held that maintenance ought to be awarded from the date of application and not from the date of order and if the maintenance is to be awarded from date of order, reasons for doing so ought to be in writing.

The Delhi High Court increased the maintenance amount awarded to the mother from the father and made it payable from the date of application thereby recognizing that a child not only needs financial assistance whilst growing up but also time and effort and that cannot be quantified in money.


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