Father's Plea Of No Income To Avoid Daughter's Maintenance Prompts Investigation Into Financial Status: Madhya Pradesh High Court

Court Orders Probe into Father's Income After He Claims Inability to Pay Daughter's Maintenance

Indore, MP – The Madhya Pradesh High Court has taken a proactive step to verify a father's financial status after he repeatedly claimed to be unemployed and without income to avoid paying maintenance to his college-going daughter. Expressing its dismay at the daughter's struggle, the court has directed revenue and police officials to conduct an investigation into the father's assets and income.

Case Overview

The High Court was hearing a series of four petitions filed by the appellant-father, Sukh Lal Gwaliory, against his daughter, who is currently pursuing her graduation in Mumbai. The core issue revolves around the father's legal and moral obligation to provide financial support for his daughter's education and upkeep, which he has contested by citing a lack of income.

The court noted the unfortunate nature of the case, stating, "It is very unfortunate and painful for us that a daughter is struggling to get maintenance from her father."

Arguments Presented

Appellant-Father's Position: Represented by his counsel, Shri Gwaliory, the appellant argued that he is an unemployed person with no source of income, making him incapable of paying the maintenance amount of Rs. 10,000 per month. He further contended that the daughter is being cared for by her maternal grandfather. His counsel also vehemently denied allegations made by the daughter that he had remarried and has a son from the second marriage.

Respondent-Daughter's Position: The daughter, appearing in person, submitted that she believes her father has remarried and has a son, suggesting he has the means to support a new family. She argued that it is not her responsibility to conduct an investigation to prove her father's income and marital status. The court acknowledged the difficulty of her position, noting, "It is not expected from the respondent to conduct an investigation and find out the income of the appellant and his marital status."

Court's Reasoning and Directions

Finding the father's repeated pleas of unemployment across multiple petitions suspicious, the High Court warned that if his contentions were found to be false, it would amount to misleading the court.

Unwilling to take the appellant's claims at face value, the court invoked its authority to ascertain the facts. In a key excerpt from the order, the bench stated:

"The appellant in this appeal as well as the petitions... has come up with a plea that he is an unemployed person having no source of income, therefore he is unable to pay the maintenance to the respondent. If these contentions are found to be false, then the same would amount to misguiding the Court."

To resolve the matter, the court issued a directive for a formal inquiry.

Final Decision and Implications

The High Court has ordered the Sub-Divisional Officer (Revenue), Indore, and the Station House Officer (SHO) of Tilak Nagar Police Station, Indore, to visit the appellant's residence. They are tasked with preparing and submitting a detailed report within one week on the following: - The number of family members residing with the appellant. - A comprehensive list of his properties. - An assessment of his income sources.

The Deputy Advocate General has been directed to ensure the order is communicated and the report is obtained promptly. The case is scheduled for the next hearing on October 6, 2025, when the court will review the findings of the investigation. This order underscores the judiciary's commitment to ensuring that parental obligations are not shirked through unsubstantiated claims of financial hardship.