“When both the mother and father of the minor child are gainfully employed and are having equal financial capacity, the responsibility may have to be equally shared, held the Andhra High Court.

In the case of N. Sreeramudu, S/O. N. Narayana vs Kum. N. Lahari, decided by the Andhra High Court, the issues faced in this case were mainly two :

  • Whether the judgment and decree of the trial Court enhancing monthly maintenance from Rs.250/- to Rs.1500/- to be confirmed or interfered with in the facts and circumstances?
  • If so, to what relief the parties are entitled to?

In the above case it is pertinent to note that the wife had sought maintenance under section 25 of the Hindu Adoption and Maintenance act, where the wife was unemployed. Later, when the wife was employed, she moved the court for the cancellation of her maintenance, however there was an enhancement of maintenance for the minor daughter.

The Court placed reliance on the case of : Padmaja Sharma Vs. Ratan LalSharma where it was held that the minor child can claim maintenance from her parents. Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother.

Reliance also was placed on Narain Singh v Sapurna Kher, Sobha Dei V Bhima andThulasikar Anil Kumar v Raghavan Nair.

Hence the amount of Maintenance was reduced from Rs 1500/- to Rs 1000/- considering the financial capability of the mother.

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