Uttarakhand High Court Rejects Father's Unemployment Plea

The Uttarakhand High Court recently ruled that a father cannot avoid his responsibility to pay child maintenance by claiming he is unemployed.

The father, who is an MCA graduate with professional experience, argued that he had no income due to pending litigation.

However, the court stated that an able-bodied person is presumed to have the capacity to earn and cannot use unemployment as an excuse.

The court also noted that the father's obligation to maintain his children is independent and continues as long as the children are minors.

The mother had requested higher payments for the children based on their needs, but the court found the maintenance awarded by the session court to be reasonable and proportionate.

Both the father's and mother's pleas were dismissed.