The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.

JUDGMENT :

(Summet Goel, J.)

Present revision petition has been preferred against the order dated 17.08.2024 passed by the learned Principal Judges, Family Court, Camp Court, Nabha (hereinafter to be referred as the ‘concerned Family Court’) praying for Setting-aside of the said order. Vide the impugned order; the respondent (herein) has been Awarded interim maintenance at the rate of RS.7,000/- per month to be paid by the petitioner (herein) From the date of filing of petition along with litigation expenses to the tune of Rs.10,000/-

2. Learned counsel for the petitioner has iterated that the petitioner has submitted an affidavit before the learned Family Court, clearly indicating that he is employed in private job with a meagre monthly income of Rs.22,000/-, and that six of his family members are dependent on the petitioner. Despite these facts beings on record, the learned Family Courts, without properly considering the financial circumstances, erroneously awarded interim maintenance to the respondent. In contrast, the wife of the petitioner namely Maninder Kaur (natural Guardian of the respondent), is a Government teacher with a monthly income of Rs.35,400/-, and the respondent is in care and custody of her mother (petitioner’s wife), who has sufficient means to maintain the respondent and look after all her needs. It has been further iterated that the learned Family Court, while passing the impugned order, failed to appreciate the facts and evidence in the correct perspective, rendering the order unsustainable. Furthermore, the petitioner has also filed a petition under Section 9 of Hindu Marriage Act, which is still pending. Learned counsel asserts that the petitioner never refused to maintain his wife or the minor daughter (respondent herein). Moreover, the petitioner has also filed a petition under Section 8 of the Guardian and Wards Act, 1890, for custody of the minor daughter (respondent herein), which is currently pending before the Principal Family Court, Nabha, District Patiala. Thus, it has been prayed that the impugned order is patently illegal, perverse and suffers from material illegalities and infirmities and the same is liable to be set-aside.

3. Per contra, learned counsel for the respondent has iterated that the learned Family Court has rightly allowed the application seeking interim maintenance as the respondent, who is the minor daughter of the petitioner, is being looked after by her maternal grand-parents. It has been further iterated that the respondent is school going child and taking into consideration the ever-increasing cost of living, including essential commodities, education medical expenses and other households needs, the quantum of interim maintenance awarded by the Family Court is just and appropriate in the facts and circumstances of the case. Furthermore, the Family Court has determined the quantum of maintenance based on the calculation of the income of the petitioner as also taken due consideration of the relevant facts and circumstances of the case. It has been further contended that as the respondent being minor daughter of the petitioner-herein. It is the moral as well as legal duty of the petitioner-herein to maintain his minor daughter (respondent-herein), and he cannot be absolved of his obligation merely on the ground that the respondent’s mother has sufficient income to maintain the respondent. Thuis, it has been prayed that the present petition be dismissed.

4. I have heard learned counsel for the parties and have perused the available record.

5. It would be apposite to refer herein to a judgment passed by the Hon’ble Supreme Court titled as Rajnesh vs. Neha & Anr., 2021(2) SCC 324; relevant whereof reads as under:-

“II payment of interim Maintenance

1. The proviso to Section 24 of the HMA (inserted vide Act 49 of 2001 W.e.f. 24.09.2001), and the third proviso to Section 125 Cr.P.C. 1973 (inserted vide Act 50 of 2001 W.e.f. 24.09.2001) provide that the proceedings for interim maintenan