Recently, the Delhi High Court has directed that a minor child is entitled to be brought up by his father, even if there is a divorce between his parents. A little child, divorced from the parents, is also entitled to his parenting from the father.
The Court of Justice Vipin Sanghi and Justice Jasmeet Singh considered an appeal filed by a child, who was dismissed by the Family Court for Rs. 15,000: per month was ordered.
The High Court reverses the decision of the family court, on April 22, 2021, ordering that the amount fixed by the family court be increased from Rs 15,000 to Rs 20,000, and ordered the father of the minor to pay the amount was increased considering that his school fees are within this limit.
The court submitted that when the mother of the minor child had taken divorce by mutual consent, Rs 5,000 per month was fixed for the child.
It, therefore, proves that the appellant, being a minor, is not bound by that agreement, and has a right to claim maintenance for his upkeep from his father.
The minor had stated that his father had not disclosed his income correctly. The court observed that from the Income Tax Return (ITR) submitted before him, it appears that apart from agricultural income, he is earning from rent from a pr, therefore, come, which was different from agricultural income.
It was told by the father that he had earned wealth and money only from agriculture, and that was his only support.
The counsel for the minor child termed the affidavit filed by the father as false and strongly challenged the statements made in the affidavit, saying that the father of the minor had deliberately misrepresented.
The Court felt that keeping in view the fact that the amount was fixed by the family court at the rate of Rs.15,000/- per month, which we have increased to Rs.25,000/- per month, we, the learned family establishes their respective claims/defenses before the Court and is willing to implead the parties in the learned Family Court for inviting final orders from the learned Family Court.”
Until the matter is settled and further orders are issued, the court has directed the father to pay the minor son Rs.
“The petition of the appellant seeking enhancement of the amount has been reserved in the High Court. No adjournment shall be sought by the parties, nor shall any undue adjournment be granted to any of the parties by the learned Family Court. , and we request the Family Court to dispose of the matter, directing all pending petitions under Section 20 of the Hindu Adoption and Maintenance Act, 1956 to be disposed of at the earliest within the next year.
The Court finally said that all the rights aides raised in the appeal by the Family Court should be studied and examined.