Allahabad High Court: father's maintenance duty remains despite alleged remarriage
The Allahabad High Court just made it clear: a father's responsibility to financially support his minor children does not change if their mother's alleged remarriage is assumed.
Justice Padam Narain Mishra said that under Section 125 of the CrPC, a child's right to maintenance is protected by law and is not affected by the mother's relationship status.
The court overturned a previous family court decision that denied maintenance, and sent the maintenance claim back for fresh consideration.
HC orders review within 3 months
The High Court criticized the family court for overlooking basics like daily expenses and school fees.
It also pointed out that disputes over custody or guardianship should not be used as an excuse to skip out on supporting children.
The case goes back for review, with instructions to wrap things up in three months, keeping children's welfare front and center.